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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3169
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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An odd occurence. I am disabled with Polio & M.S.

Customer Question

An odd occurence. I am disabled with Polio & M.S. and had a "care giver" that stole about $2000 from me. I won in court. Her proof was 4 letters from 2 friends, her 9 yr. old daughter and herself. I had all of the checks, with her signature on the back. I had signed them, as there are times when I can't see so she wrote up my bills (or so I thought) would tell me the amount and I would sign. She even cashed two in one day. I proved by simple math that she would have had to work 181/2 hours a day to make that much money. I love numbers. They're so DNA. In any case she appealed, we were sent to a different court, the first one was Alhambra and then Inglewood. Her new proof was another letter from her boss, once again saying how fabulous she is. The Judge threw a fit, throwing the papers down and saying we were in the wrong court and dismissed us. She apparently re-scheduled her appeal and on that day I was not even able to get up. I started calling the court at 7AM. No one answered until 8:30AM which is unbelievably stupid and unjust, considering the fact that if they call you, which they did, and I was not there, although my care taker was which the judge said would not do and the case which I won, was dismissed. I did send a Doctor's letter along with a note from me and was told that I could try again and start from scratch. Is that correct and can you help me? I have since found out that she was known for this in the building I was living in. A bit late for me, but she claims to be the person one puts their lives and trust in. To take advantage of disabled people goes way past my moral barometer and I would like to sue her again, but this time for more, as I missed some the first time around. Thank you for any help you can give me! Carole XXXXXX XXX XXX XXXX......XXXXXXXXXXXXXXXXXXXX
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. I read your facts, is there a specific question with which I could assist?
Customer: replied 2 years ago.
Hi....Yes there is.I believe that I am in the allowed time period {3years} but I just wanted to make sure that I could still file a claim against her, as the judge dismissed it with prejudice, of which I have no clue what that means.He said we were in the wrong court, never hearing the case. On the next appeal was when I was too ill to get there, but I did send a letter from my doctor accompanied with a note from myself, I was told by a woman at the court (by phone) that she thought I could just re-open the case and start it over again. That is what I want to do but wanted to just check with a lawyer to make sure if that was correct. I still have all the proof and she still has her letters. She stuck the knife in when I gave her a check to say thank you and I asked her to make it out for $100.00. to cash as she always wanted cash. While discovering her theft at the end of September, I also checked that last check that I gave her and sure enough she had changed it to $1000.00. In addition to that right before I moved to Palm Springs I had taken $900.00 in cash and kept it out of my account and at my home because I was so terrified that "the Identity thefters" would somehow get it. Two people knew where it was . She and I. I am aware that I can't prove it,but two days before the money went missing she came to work very upset because her car had been re-possessed and she asked me to loan her $900.00 to get it out. I said no because the move was expensive and I just didn't have it. Miraculously, the next day she had her car back and told me an old boyfriend gave it to her. Since I am an idiot that trusts people I didn't really connect the dots until that evening. When I went to look for my money, of course it was gone. I also put her and her daughter up at the Hyatt, which she ran up a bill of over $700.00. I haven't checked that very closely but I will. I know I sound like I'm going in slow motion, but I was. The stress brought on an MS attack that lasted for several months. That, and the fact that at the same time, Bankers Insurance began forging my name to 5 policies and just kept taking money out of my account at will. Oh....I would not want to leave this out, during this time in Santa Fe I hired a care taker/bookeeper as I could not do it myself, She stole $12,000 from me. Fortunately, I called the police and they said pure and simple, she's going to jail. I knew she had a custody hearing the following week and I gave her until 10AM the next day to get me every penny of my money. She brought it to me but the fun had just begun. Banks refusing to help me with Identity theft, reaching into the tens of thousands of dollars that I am finally attempting to go after now. That is part of my story. I hope it answered your questions so that you might answer mine. I'm sorry if I talked too much, but as you can see my life was turned upside down. And even in Hollywood you couldn't make this crap up! I look forward to your answers regarding small claims court,as I also had a mover that gave me a contract for $1675.00 not to exceed another 10% and upon arrival at my front door he told me that I had to give him ANOTHER $4000.00 or he was taking the truck back. It was christmas eve, I had no way of getting that money, so after I begged for at least my bed they left and had an outstanding time going christmas shopping in my personal items. I was missing over $30,000 of my things many of which were very personal and sentimental to me. I still want to go after them. Actually I have been looking for a lawyer to help me? Any interest??? Looking forward to hearing from you tomorrow.Thank you so much for helping me, Carole Rosenfield
Expert:  Dwayne B. replied 2 years ago.
Unfortunately, the experts on here are all prohibited from representing anyone that comes to he website. All we can do is provide answers to questions an provide information.Although I'm not sure why he would have done this, a dismissal with prejudice means you cannot refile the case in another court. You will want tp check the written order and make sure that he didn't just misspeak since if he didn't have jurisdiction over the case foe whatever reason then it would be extremely unusual for it to be dismissed with prejudice.
Expert:  Dwayne B. replied 2 years ago.
In California the limit for small claims court is $7500 so if you filed a claim for more than $7500 and it was in the small claims court, that is why it was rejected, it should have been filed in the general Superior court.
Expert:  Dwayne B. replied 2 years ago.
I will be signing off for the evening, I was actually just about to when the response came in, but will be back tomorrow around noon so if you have any follow ups we can discuss them further at that time.