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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 5748
Experience:  20 years experience as a civil trial and appellate lawyer
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We recently moved to Texas where this took place. I have an

Customer Question

We recently moved to Texas where this took place. I have an unemployment benefits account in PA where we r from. Do to not having all of the proper documentation I had been unable to open a bank account here, I was waiting on my Birth Cert. So because of not having an account here it was hard to have money transferred which I needed to do for the fact that my rent was past due. Enter one of our neighbors who as a 60 year old woman recently divorced and with a special needs child we had befriended so much so that she asked for our help with minor things here and there etc etc. So now last Wednesday the 13th of July I asked her if it would be possible for her to receive an ACH wire transfer of $1000 into her credit union checking account from my unemployment account to which she said "no problem " and when I asked her if her account was in good standing she said "yes" so I double checked that she would be able to pull the money out the next morning to give to me so I could pay my rent and she assured me it would be no problem. Well it turns out that she was in the hole $800 and after giving me only less than $200 of the $1000 she has blocked our phone numbers , refuses to talk to us, when we try and question her as to when we will get the money in the parking lot she states that we are con artists , she has sent text messages ranging from stating she was trying to get the money to us all the way to "how does it feel to be at the mercy of others" ? So now because of this we are being evicted due to lack of payment and she continues to deny us the money. What recourse, if any do we have ? The police say it's a civil matter, the credit union says its out if thier hands, she called the police to say we were harressing her, and no matter who we talk to they ask why we would trust her ? We feel she should be criminally charged with theft by deception at the minimum. We have all the ext messages she has sent us plus it's clear she knew her account was overdrawn as it had been in that state for a couple of days prior to the transfer going through. The fact is she has a title loan out on her Lexus and they attempted to repo it and she made a payment two days prior to me approaching her about the out her account
JA: Because family law varies from place to place, can you tell me what state this is in? When we are ready I'll take you to the appropriate web page.
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: She is claiming we "owed" her the money but she has absolutely nothing to back that up.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Legal
Expert:  Maverick replied 3 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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ANSWER: If you went to the police and they said it was a civil matter then the chances that they will prosecute the case is very slim as this is the standard excuse they give to citizens when the city is strapped for resources and chooses to devote their time on murders, rapes, robberies, etc. Your best best here is to take this matter into your own hand by filing three type of claims against her in Texas small claim court. The claims are breach of bailment, civil conversion, and unjust enrichment.