No, I sent the funds with the express intention of them buying the property for me... in my name. It was very clear from the outset, that it was NOT a gift The property was put in my son's girlfriends name solely, but last week, she signed a quit claim relinquishing all title to the property
Thank you for your follow-i-up, Kathey.That is a very different story. What you are describing is not a gift relationship at all but essentially either an agency relationship, or having that person act as your 'strawman' when purchasing this for you. Failing to invest the funds then becomes a breach of contract, as is failing to make repairs that the person was contractually obligated to perform when they accepted the funds. In this case, provided you can prove by correspondence that this was a contact rather than a gift, your recourse would be to file suit against your son for the funds and seek recourse in that manner. This is also potentially fraud if he failed to place the unit in your name when he was supposed to purchase it under it. This is also too large for small claims--you would need to retain counsel and pursue him directly via the courts for the funds owed to you.Good luck.
Unfortunately, my son has no money. And since he's facing court at the end of this month for the guns and ammo charges, would I be better off contacting an attorney, or going straight to the DA?
Kathey,If your son has no money than I am a bit unclear as to what you wish to accomplish. You definitely would lose money pursuing him civilly, as for criminally you can contact the DA and ask if they are going to be willing to press charges. it is going to be unlikely however because you provided the funds to him directly, which may then become more of a civil matter and less of a scheme for criminal fraud. You can still contact an attorney and see if he can advise you to pursue criminal charges but my worry is that it will not really accomplish anything as the DA is likely not going to be willing to prosecute.Good luck.
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