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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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A friend of mine(so I thought) recently asked for a loan and

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A friend of mine(so I thought) recently asked for a loan and said that they would pay me back. They said that there mother would write a check and then I could deposit it after a certain date to cash to get my money back, this was so that they could get paid again. I found out when I cashed the check that there was insuficient funds. I contacted the mother to see what happened and she informed me they they had no clue what I was talking about and that her daughter(my "friend") stole the check and wrote a bad check and gave it to me. The amount is $500 and idk if this is important or not but she is addicted to drugs and that the money was supposed to be for rehab. I feel bad for the mother but would like to stick it to that daughter if I can recoup the money from or make it a charge against her for stealing the check and writing bad checks. What am I able to do?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Based upon the facts which you stated above, there are both civil and criminally issues here. If you loaned her the money and she failed to pay you back, you could file a civil lawsuit against her for the damages suffered. As far as the criminal aspect, the loan was obtained based upon fraud and deceit and she also stole a check from her mother and wrote it to you, passing it off as though there are sufficient funds in the account. If her mother is willing to cooperate, she can contact the police, file a report and likely have her daughter charged. If she does not want to do this, then you could also go to the police and file a report, explaining that the check was stolen, she tried to pass it over as it was her mothers and that there were insufficient funds. In an ideal situation, the police would charge her and the State would prosecute. For something like this, the State would represent your legal interest and try and have her pay restitution, to make you whole. If they will not get involved, then you would need to file a civil lawsuit against her and obtain a judgment. The fact that she is addicted to drugs is not a legal defense but may be a mitigating fact when her sentence would be imposed by the court.

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