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My (ex) business partner used my personal info to open a…

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My (ex) business partner...

My (ex) business partner used my personal info to open a credit card in my name and maxed it out. He hurt my credit and now I owe thousands of dollars. I tried to file a police report but the officer would write it and Capital One is saying it's not fraud cause we were business partners. Should I try again for a police report or small claims ?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

He lives in Nj I live in Ma

Lawyer's Assistant: Has anything been filed or reported?

A couple months months ago

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to sue this guy for damaging my credit

Submitted: 11 months ago.Category: Legal
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Answered in 1 minute by:
9/13/2017
Lawyer: Dwayne B., Attorney replied 11 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 11 months ago

Please allow me several minutes to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Lawyer: Dwayne B., Attorney replied 11 months ago

There is no reason you can't do both: a civil lawsuit and file criminal charges.

What you may want to consider is retaining a local attorney to see if they can be some help in getting the criminal charges filed or making Capital One back off of you owing the debt. They can potentially do this by threatening to file a civil lawsuit against Capital One or threatening to file Bankruptcy on that debt (whether you would actually file bankruptcy or not is not the issue - it is whether the lawyer can make them think you would).

It should be relatively inexpensive to have the lawyer handle this part since it is just a matter of writing letters and making phone calls. Although if you do decide to sue Capital One you will probably want to use a lawyer, since they will use lawyers, and you can sue them for your attorney's fees as well.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Lawyer: Dwayne B., Attorney replied 11 months ago

I am going to be offline for about an hour. You can still post your response and I'll see it when I get back online.

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Lawyer: Dwayne B., Attorney replied 11 months ago

I am back if you have any followup questions.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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