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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102504
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Someone defrauded me out of 25K in 2005. At the time we filed

Customer Question

Someone defrauded me out of 25K in 2005. At the time we filed paperwork etc with a lawyer. Last night I learned the person went to jail for fraud for 6 years and was ordered to pay restitution. We were not named parties in the suit. How can I file restitution for my 25K I have documentation to back up my claims. Plus my lawyer at time filed a garnishment summons on the person. Got any advice I'm glad the person is in prison but if he is going to pay restitution to others, I should get my money too.
Submitted: 5 years ago.
Category: Legal
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

I am very sorry for your situation. Can you please tell me what state you are in? This is important to the matter.
Customer: replied 5 years ago.
I am in Florida. At the time I lived in Virginia. All the legal paperwork was filled in Virginia. The person that committed the fraud was in Virginia and the judgement was in the Federal Eastern District of Virginia.
Expert:  Ely replied 5 years ago.
Thank you. I am afraid that it may be too late if you seek civil restitution. Per §8.01-243(A), fraud is actionable for two years after the event, or from the time that you reasonably should have found out about the fraud. So if you can argue that you reasonably did not find out about being defrauded until 4 years later, the case my go forward, although expect them to challenge it based on these grounds. Florida has similar statute with a four year window, per §95.11(3)(j).

I would say that you can ask the DA to file charges against him anew, but he has already been tried and sentenced so they cannot do so. You can discuss the possibility to amending his current probation - if he is on it - to pay you off as well, and maybe that can be done.

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