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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17906
Experience:  B.A.; M.B.A.; J.D.
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My mother was defrauded by a man whom she married about a year

Customer Question

My mother was defrauded by a man whom she married about a year ago. I believe the marriage is invalid because he was still married to his ex-wife at the time of their union. This man claimed to be wealthy, and "borrowed" over one hundred thousand dollars from my mother, draining her 401K and ruining her credit. We live in the state of Colorado. What steps should we take in order to recoup the money or press charges against this man?
Submitted: 3 years ago.
Category: Legal
Expert:  Phillips Esq. replied 3 years ago.
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My mother was defrauded by a man whom she married about a year ago. I believe the marriage is invalid because he was still married to his ex-wife at the time of their union. This man claimed to be wealthy, and "borrowed" over one hundred thousand dollars from my mother, draining her 401K and ruining her credit. We live in the state of Colorado. What steps should we take in order to recoup the money or press charges against this man?

Response 1: Your mother needs to file Complaint against him for the "borrowed money." The District Attorney's Office is unlikely to get involved in this case if your mother lent him the money albeit under false pretenses. Your mother should look towards civil Court for resolution of the case. She can either get an Attorney that handles civil litigation to assist her or she can do it herself. She can use the following sites to find Attorneys that handle civil litigation:

http://www.lawyers.com

http://www.justia.com

Colorado Courts and Forms:

http://www.courts.state.co.us/Forms/Index.cfm


Additional Details: I have questions about what to do with his belongings and records that remain in my mother's house,

Response 2: You can keep those in case you need for the lawsuit.

whether backed-up text message and email conversations are admissible as evidence,

Response 3: These items would not be admissible because they would be considered hearsay. Hearsay is very complex subject in Rules of Evidence. See Colorado Rules of Evidence Rules 802 to 807 and if you need to read up on it including exceptions to the Hearsay Rule you can click on the link below:

http://www.boulder-bar.org/bar_media_manual/evidence/13.11.html

and whether his verbal abuse and threats against other members of the family are relevant in this situation.

Response 4: No, unless threat was used to "borrow" the money from your mother.