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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1396
Experience:  BCom; LLB; Masters in Law
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14 May 2016 05:13 Firstly he has nothing.No job, no

Customer Question

14 May 2016 05:13
Hi
Firstly he has nothing.No job, no property, no car. He was staying with us as he was going through a divorce so we tried to help him. His Father does not want anything to do with him. He then got us involved in buying containers of fruit and reselling them from his "employer" Southern Fruit Growers" where we stood to make a huge profit. This is where we started investing money and reinvesting.All happend soo fast as the "profit was coming in we were just reinvesting. or so we thought. He also stole goods from the house with the purchase slip which we have traced back to the shop where he returned it for the cash with his name and tel no. Theft. Because we were expecting all this money from "the investments" we loaned him more money. The stories just kept coming he said his bank account got frozen because it was a new account and suddenly these huge amounts (over R5Million) were coming in. So we helped him more. Due to this he never paid his rent kept borrowing money and ate and drank for free. Every day was another story why the funds were not clearing. We were under debt review and because we were expecting all this money we contacted our debt councellor to cancel it as we are in a position to settle it. (Well we thought we were) But the money never came. Now we are not protected by the court order anymore. His mother with all her stories is also making us tell the debt councellor and land lord what ever she is promising every day which is going on and on. This is making us look very bad. We look like the liars. FRAUD A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury. Does this not also apply to the mother. Can I not lay fraud charges against her too? She said she was taking money from a policy to help but does not want his father to know anything about this as he will just say their son should go to jail. I feel she is also misleading us with false information about why the money is not available. Does this not constitute as fraud too?
Submitted: 9 months ago.
Category: South Africa Law
Customer: replied 9 months ago.
The above is in response to a previous Q&A
My husband and I have fallen victims of a...
My husband and I have fallen victims of a con artist and thief. He has practically ruined us financially. His mother is offering restitution to us for not laying charges of theft and fraud (which we can prove) But she keeps stalling and giving a different story every other day as to why she cannotpay the money over. This has been going on for over a month now. first she said she paid it into the wrong account (one digit out and banks a say that is impossible) then she said it takes 7 days to recall incorrect payment now she is saying it takes 14 days then she said she cant get to the bank. She will never provide proof of anything she says. In the mean time we are about to lose our house cars etc. My question is can we sue or lay charges of fraud against her too, along with her son now as she has implicated herself? Between her son and her the lies and deceit have been going on for 5 months now. where do we stand? She says if we lay charges we wont get our money. But it seems we wont get our money anyway as every day is another story. If we have him arrested can we still sue his mother? All correspondence and promises are on watsapp and sms.
14 May 2016 04:1114 May 2016 04:32
CaseLaw CaseLaw
Lawyer
Hi there and thank you for your question,I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.I'm really sorry to hear about these issues.If you lay criminal charges against the son that will not necessarily mean that you will be able to recover your money from him quickly. The prosecutor will prosecute him for fraud, and as part of the trial the prosecutor will ask the magistrate to order the son to pay you back the money that he has stolen from you. If he can't, then a writ of execution will be issued and the sheriff of the court can attach the son's assets to sell on auction. If the son has a house, that can also be attached. Shorty story, it'll take many many months before you see the money.From the mother - she is most certainly stalling. She doesn't have the cash. She can't pay. If she owns a house then you should get her to sign a written acknowledgement of debt. If she signs that then you are a little better protected as you can sue her based on the written acknowledgement of debt. Otherwise I don't think that you can "implicate" her in her son's crimes, as she was never actually a part of the crimes.My advice is that you stop messing around with the mother and hire an attorney to assist you in (i) getting the mother to sign a written acknowledgement of debt; (ii) perform a deeds office search on the mother's name and the son's name for any property; (iii) give you advice on whether or not you should report the matter to the police. You obviously run the risk of the police not understanding the "fraud" aspect and saying that it is a civil dispute. Your attorney will be able to deal with the police and explain that it is actually a criminal aspect which they need to investigate and prosecute!The WhatsApp messages could be used to sue the mother, but you'll need to go to trial and prove exactly what each one says, and what the intention of the parties is. That will take time and cost money! It's certain a way to go, but not the best route.The best route is the written acknowledgement of debt that the mother should sign.Q: If we have him arrested can we still sue his mother? --> Yes, you would sue the mother based on her offer to pay you back the money. The son would be arrested on the criminal charges.I am afraid that I am not allowed to refer you to a specific attorney, however I can suggest that you can locate a suitably qualified attorney in your area who will be able to assist you with your query at www.findanattorney.co.za OR www.attorneys.co.zaIf my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!Good luck and best regards,CaseLaw
Expert:  CaseLaw replied 9 months ago.
Hi there again,In my opinion the mother is just lying to you. She is not committing a fraud - which is a criminal offence. You've got to separate in your head the son's fraud and theft, from the mother's lies in trying to make things right.I don't think that she has committed a fraud based on what you've said. You need to stop listening to her and her son. You need to lay charges against the son for fraud. You need to sue him and his mother for the return of your money. This will be a long road and it will be difficult to recover if they don't have money! It's a problem!I honestly don't think that you can go so far as to say that the mother has not implicated herself in this. What she's trying to do (in reality) is to "fix" the mess that her son made, NOT continue the fraud. She's just lying about how long she'll take to get the money. She's not committing another fraud.
Customer: replied 9 months ago.
Hi Again
So if I do lay charges against her son for Fraud and Theft can I drop the charges if she does come through with the restitution?
Expert:  CaseLaw replied 9 months ago.
you can. Most certainly.
Expert:  CaseLaw replied 9 months ago.
Hi there again,I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.If you're happy that I've answered your question, please leave positive feedback for me.RegardsCaseLaw
Customer: replied 9 months ago.
Do have some advice as what i can do about my debt review situation as I obviously wont be getting the restitution in the near future if I have him arrested.
Expert:  CaseLaw replied 9 months ago.
I'm afraid not. You'll need to stay under debt review until you can pay off all of your creditors. I'm really sorry about that, but there's not a lot I can suggest to deal with that.
Expert:  CaseLaw replied 9 months ago.
Hi there again,I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.If you're happy that I've answered your question, please leave positive feedback for me.RegardsCaseLaw