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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38910
Experience:  Retired (mostly)
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I have been helping someone with what I thought was they were

Customer Question

I have been helping someone with what I thought was they were paying fines to the IRS they said they owed for claiming someone else's child and paying fines to the Federal Student aid department because they told me they owed money to them because of claiming someone they shouldn't have on taxes and using it for there FAFSA. Come to find out they have just been spending the money and have not been really paying fines or fees with it. The whole thing has been a made up lie. What can I do about it?
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  N Cal Atty replied 2 years ago.
I am sorry to hear this.
How much have you loaned the person?
Are there any written loan agreements? Any canceled checks or other proof that you gave money to the person?
Does the person have any assets?
In which State did this happen?
Have you filed a police report?
Customer: replied 2 years ago.
It's not just myself that has loaned them money it's quite a few of us. Over $190,000.00 all together. No cancelled checks no written agreements just really good faith word of mouth to repay one of us wrote checks to the person they had cashed. What exactly would a police report really do? And in SC
Expert:  N Cal Atty replied 2 years ago.
I'm sorry but I have to opt out and let another Expert take over.
Customer: replied 2 years ago.
So basically I'm getting the run around... How can I get a refund for my money? If you are a lawyer then you could answer my question directly
Expert:  socrateaser replied 2 years ago.
Hello, Different contributor here. Please permit me to assist. If there are multiple claimants who have been duped into loaning (or,gifting) money, then that's a common law fraud, and you can all sue the defendant, based upon your corroborating testimony, that you were induced to part with your money based upon a false statement of fact. King v. Oxford, 282 S.C. 307, 311, 318 S.E.2d 125, 127 (Ct. App. 1984). Practically the same elements are required to prove the crime of "false pretenses." The SC supreme court has defined this offense as requiring a fraudulent representation of a past or existing fact by one who knows of its falsity, in order to induce the person to whom it is made to part with something valuable. See State v. Love, 275 S.C. 55, 62, 271 S.E.2d 110, 113-14 (1980) (quoting State v. Haines, 23 S.C. 170). So, your recourse is to complain to the police/sheriff, or to sue the defendant in civil court. Note that prove of intentional misrepresentation (fraud) is sufficient to survive a bankruptcy filing. So, you can hang a judgment of fraud around a defendant's neck for their entire life. Whether or not you can actually collect from the defendant is unknown. But, if you decide to do nothing, you'll never know whether or not you could have recovered your money. Note: I regret the delay in your receiving an answer. I didn't start working until just now, and I answered your question as soon as it poppted on to my computer screen. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Expert:  socrateaser replied 2 years ago.
Hello again,
I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?
If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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