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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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My husband is in the military. His friends wife just moved

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My husband is in the military. His friends wife just moved so she didn't set up a bank account. She asked me to deposit or cash checks in my account so she could get the money. All the checks bounced. She also stole a computer before my husband interjected and filed a police report. My bank wants the money back and is putting it on my credit. Can I sue for that money and transfer the debt to her so the bank can pursue her
Submitted: 3 years ago.
Category: Legal
Expert:  Brandon M. replied 3 years ago.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. How long ago did this occur?

Brandon M. :

A civil cause of action may be barred by a statute of limitations. Regardless of the cause of action, the statute of limitations for a civil case will almost never be less than two years. If the events in question occurred more than two years ago, we would likely want to discuss with greater particularity what happened and when.

Brandon M. :

That said, there would certainly be a civil cause for recovery based on losing money due to bad checks and stolen goods. Possible civil causes of actions could include fraud and breach of contract.

Brandon M. :

However, against an individual, the lawsuit would generally have to be brought against the defendant in the state where the event (the cause of action) occurred. It is generally not possible for the plaintiff to move out of state and sue the defendant in the state to which the plaintiff moved. Imagine someone suing you in Alaska when you have never set foot in Alaska--you may be factually innocent, but you would have to defend yourself in a distant forum with which you have no contact. If a cause of action arises in Nevada, the civil lawsuit would generally have to be pursued in Nevada.

Brandon M. :

Naturally, the nuances of ever case are different, so this information should not be construed as complete or advice without consulting in person with counsel. I am glad to clarify any of these answers if additional information is needed. Let me know if I may be of further assistance. Thanks.

Customer: replied 3 years ago.
Hello how are you
Customer: replied 3 years ago.
Thank you for your question. How long ago did this occur?
A: Less than two years ago

So I would have to file a civil lawsuit in Las Vegas where the event happened. What happened if the individual does not live there anymore.
Expert:  Brandon M. replied 3 years ago.
Just as the plaintiff cannot change venue by moving out of state, the defendant cannot escape the venue by moving out of state. If a cause of action arises in Las Vegas, Nevada, the defendant cannot avoid having to defend herself in Las Vegas, Nevada by moving out of city, state, or country.
Customer: replied 3 years ago.
Knowing she wont have the money to pay, is it possible to have the judge, in some form, tranfer the debt to her so that I may take it off my credit?
Expert:  Brandon M. replied 3 years ago.
Without the bank's consent, that would ordinarily not be possible.

Consider the bank's position: let's say that Abraham borrowed money from you, then Buddy stole the money from Abraham. The issue debt between you and Abraham is distinct from the debt between Abraham and Buddy. It wouldn't be fair to you if the court said that Buddy owes you the money, and Abraham is free and clear. The fact is that Buddy is a crook, but someone has to be the victim, and the person responsible for collecting from Buddy is the person closest to him in the transaction.
Customer: replied 3 years ago.
I see so judgment, collection actions and so on from the defendent and hopefully collect enought to satisfy the debt
Expert:  Brandon M. replied 3 years ago.
Right. Ideally, law enforcement would determine that they had enough evidence to prosecute, but the burden of proof is much higher in criminal matters (beyond a reasonable doubt), so there are many cases where a victim has to rely on the civil courts to be restored.
Customer: replied 3 years ago.
She also stole a laptop I filed a police report would that help my case as well
Expert:  Brandon M. replied 3 years ago.
Anything that tends to prove or disprove a fact in contention is generally competent evidence. I can tell you that your own statements to the police are generally inadmissible hearsay, but the fact that you filed a report with the police at least shows that you considered it a theft. It's difficult to speculate about what may or may be not evidence in your case, but you might be getting ahead of yourself. Take it one step at a time.
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