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Lawyer's Assistant: What state is this in? It matters because laws vary by location.

New jersey

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I wanted to know if I can sue someone

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Answered in 1 minute by:
3/14/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,899
Experience: Lawyer
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What can you tell me about your situation?

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Customer reply replied 1 month ago
Hi,I wanted to know if I can sue someone. Long story short I was talking to a girl and she told me she wanted to get some surgery done. She needed 3500 dollars from me. I said on text that I would give here a check. I met up with her for a second time date and the way she was talking and the things she was into turned me off. Somewhere along the line in her car I must of dropped my checkbook and didn’t notice. A little while later I noticed in my checking account she wrote out a check to herself for 3500 dollars. I went to the bank which is TD bank and they found out she had Wells Fargo and the check was written by her and not me and she even signed my name. TD bank took the lost and gave me the money back into my account. They said they know that was not my signature and that is why I was given back the money which took weeks. I wanted to know if I can sue her this was a stressful time and money wise messed me up. Please let me know and I did not file a police report.

I'm sorry to hear that this happened.

You could sue her for conversion, which is the civil equivalent of theft. The fact that she ultimately didn't get the money doesn't change her intent to steal from you. You can't get pain and suffering in this type of case, but it is possible that the judge can order her to pay you punitive damages.

Since she didn't actually get the money, this would normally be handled by Small Claims Court.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 1 month ago
She did end up getting the money TD bank told me they found out that she deposited my check into her Wells Fargo account. When TD bank contacted Wells Fargo to try to recover the money to get back to me so TD bank didn’t have to take the lost I was told Wells Fargo said she is a good customer of theirs and they wouldn’t reimburse the money back to TD bank. The person from TD bank that was on my case said 3500 is a lot of money for me and also them but since I am a good customer and from their research they know nothing was my handwritting on the check or the signature so they gave me back my money and TD bank took the lost. She still has the money which is nuts. So, with that said what can I do?

I'm sorry, I thought you said they gave your money back.

Then, yes, you can sue her. You could also file a police report, because if she's convicted, you'll automatically win the civil case.

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Small claims is only for cases of $3,000 or less, but you can sue in the higher civil courts.

It's not relevant that you had offered to give her the money earlier, because you didn't. She doesn't have a right to just take it.

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Customer reply replied 1 month ago
I know she did not have the right to do that and even though I was refunded my money through my bank, she still shouldn’t walk away with 3500.00. I don’t want to file a police report because I just don’t want to see anyone go to jail even though she should. Without a police report what next action should I take and do you think I will win this case in civil court or small claims. What court would this take place in and what’s the odds of me winning and also what do you think a lawyer fee would be? Is this worth me doing?

You can file a lawsuit without a police report. What court it takes place in depends on where you decide to sue. If you are willing to accept less than $3,000 because you got reimbursed by the bank, then you'd sue in Small Claims. You'll want to check your paperwork from the bank, though, because if you get the money back from her, you may have to repay them what they gave you.

Most lawyers do not take these types of cases, because it would cost close to $3,500 (if not more) to try it. It doesn't really benefit you to sue and win if you then have to turn over all the money to your lawyer. It could be worth you filing on your own, because of the possibility of punitive damages.

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Customer reply replied 1 month ago
Ok last question with punitive damages I know you can’t give an exact number but ball part number from your experience what do you think I can get?

We're unfortunately not allowed to quote numbers. You can ask for any amount you feel is appropriate, although you're not likely to get more than the amount of the check. The judge will consider how much money might be enough to stop her from doing this to someone else in the future.

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Customer reply replied 1 month ago
Ok so how do I file this?

If you're looking for $3,000 or less, you can file in Small Claims. The forms and instructions are online:

https://www.judiciary.state.nj.us/forms/11482_small_claims_faq.pdf

https://www.judiciary.state.nj.us/forms/10290_small_claims.pdf

To seek more than that, you'd have to draft and file a Complaint yourself. The courts don't have forms for the Superior Court, so that would mean either looking for samples online or visiting a law library.

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Customer reply replied 1 month ago
Ok last question would I have to appear in court? Thank you for all of your help

Yes, you would.

You're welcome. Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Thank you.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,899
Experience: Lawyer
Verified
Lucy, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
I’m going to the higher courts after I draw up s draft where do I submit this to? How long does it usually take to go to court?

How long it takes is going to vary based on whether they respond, whether the file motions, how much discovery is needed, how busy the courts are, and other factors. You'll go to the Superior Court in the county where this girl lives to file the claim during regular business hours.

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Customer reply replied 1 month ago
Whether who responds? The courts or the girl? Why if no one responds? Can I file in the county where I live or it has to be where she lives?

The girl. Courts don't respond to lawsuits. If she doesn't respond, you'll automatically win a judgment against her.

Legally, the case has to be filed where she lives. That's why I made a point of mentioning it.

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