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I lent money to a person and one of the things agreed to was to provide a roof over his head he stayed in my large home at the other end of house he then after two years of not making attempt to repay me he then went to the local bank attempted to open a joint bank account the person at the bank he was dealing with opened my personal information to this individual and admitted to it there has to be some culpability somewhere even though I caught it in time and sen a scathing letter that I was shocked this could happen. The mental,emotional and shock I have gone through you can not put a $ on gotm any Ideas oh the D.A wont touch it why?

Submitted: 651 days and 13 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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San Angelo, Texas

Already Tried:
Police,Local Distric Auttorney

Answer

Dear eam,

The DA will not touch it because of two issues, from what I can see in your question.

1. There was apparent co-habitation, not necessarily from a romantic relationship sence, but from the sence of using the same address. This puts it in a category of a civil issue rather than a criminal issue.

2. There has to be some fraud or theft of property (which includes money and services) to have occurred in order for criminal culpability. The DA is not interested in civil,but criminal cases. Fraud can not exist, because a condition of providing a loan in order to put a roof over a head, is not enough of a basis, it is to vague. A roof, what does that mean...a shack might suffice, or the fact taht he is still living with you is a roof over his head, and so forth. Still a matter of civil action.

3. The person, if he is staying in your home, is a tenent at will. this is a classification of a person who lives in your home or on your premises, whether or not you collect rent, or whether or not you have a lease. So in order to get rid of the person, you have to evict them. Still, it is a civil cituation.

4. The only possible thing is identity theft or theft through fraud and deception to obtain your private information. The question becomes, what is the realtionship between you and the person. the DA will not normally take on cases unless there has been a criminal charge brought by the police or you. The criminal charge has to be signed at the police station first,and then forwarded. In so doing, it has to be the right charge.

Summary: it sounds like you have a great basis for a civil lawsuit against the bank and the person, but it does not appear to be sufficient information to sustain a criminal act.

 

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Expert: Ed Johnson
Pos. Feedback: 98.8 %
Accepts: 3310
Answered: 1/28/2008

Internati&onal HR C&onsultant

GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999

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