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I met this girl on facebook. story short we short for a few…

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I met this girl on...
I met this girl on facebook. Long story short we short for a few weeks and then decided to meet up. She seemed alright at first but then I started to realize she had a drug problem ( she flat out said she loves cocaine ) I don’t judge anyone but I also don’t associate with certain people. Before I found out about that she was telling me how she wanted to get this surgery done to enhance her body. The cost was going to be 8500.00 and she was 3000.00 short. I told her via facebook or text message I can’t remember which one that I would give her a check for 3000.00. I know stupid move. We met up again and eat dinner and that’s when she admitted pretty much out of no where which was weird that she smokes weed but loves cocaine. That was a major red flag for me and I decided not to give her the 3000.00 and to cut ties with her. She got ahold of a check of mine and filled the check out, clearly females hand writing and signed my name and made the check out for 3500.00. I have TD bank she deposited into her person Wells Fargo back account. I didn’t realize this until I noticed this on my checking account. I told her she stole a check of mine and to return my money. She delicined to do so and laughed at. She said do what you need to do but if you try to press charges on me or sue me I’m going to sue for defamation of character and you lying on me because I have in text message that you were going to give me a check hahaha. Granted I did text her that but when we met up again I decided this isn’t going to work. I contacted TD bank they did their investigation and said Wells Fargo stated she is a good customer of theirs and they would not be giving back TD bank the 3500.oo. TD bank knows I’m a good customer of theirs being that I have two checking accounts, a savings and business account with them. They reimbursed me my 3500.00 and took the lost. She ended up walking away with 3500.00 dollars of my money. I didn’t press charges because her father of her 1 year old child passed away and I don’t want her to go to jail and then this kid ends up in the system. She should go to jail for what she did but I guess I have a good heart and don’t want this kid to end up alone. I wanted to know after.all I told you what can I do. Can I sue her? Granted I did say in text I would but then decided not to. TD bank already confirmed that was not my signature on that check and I am a victim. Please give me your advise.
Submitted: 3 months ago.Category: Legal
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3/18/2018
Lawyer: Richard, Attorney replied 3 months ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,871
Experience: Attorney with 29 years of experience.
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Lawyer: Richard, Attorney replied 3 months ago

Good afternoon. Just to clarify...the bank reimbursed you? So, it was the bank that lost the $3500?

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Customer reply replied 3 months ago
My bank TD bank reimbursed me her bank Wells Fargo did not. So, even though I did get the 3500.00 back after weeks and weeks of them investigating which messed me up. I don’t want this girl to get away with a free 3500.00 from a check she stole from me and filled out and signed my name. The only reason why I did not file a police report is because the father of her child passed away and she has a one year old. I don’t want the kid to have no one when she’s locked up but I do not want her to walk away with my money for free and think that she got away Scott free. Who knows how many times she did this to other people and she’s probably going to keep doing this. No one in their right mine steals a check fills the check out and puts the check in their personal bank account, I’m sure she has done this before.
Lawyer: Richard, Attorney replied 3 months ago

Thank you. It's your bank that should pursue her for the money since the bank suffered the loss. You could file a fraud civil suit against her due to the stolen check and attempt to defraud you, but you run the risk of the court dismissing it due to you were not actually damaged. But, you could easily also file criminal charges against her which is really the appropriate thing to do to prevent her from doing this over and over again.

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Customer reply replied 3 months ago
I can’t just sue her in general. I’m just confused some lawyers said I can and also get punitive damages and others are saying I can’t sue her. This just makes no sense at all to me that she’s getting away with free money. I don’t even care about winning a case against her and keeping the money, I would gladly give 3500 back to TD bank or to charity. This just isn’t right that basically she gets off Scott free. As, I said I don’t want to file charges due to her one year old child, if she didn’t have a child she would of been locked up. Please explain how I couldn’t take her to small claims court or to a higher court if you don’t mind.
Lawyer: Richard, Attorney replied 3 months ago

You can definitely sue her and seek punitive damages. She clearly committed fraud and you can seek punitive damages. All I wanted to caution you about is that she could ask the suit to be dismissed due to you not being the party who actually suffered a loss. Given her bad act, I doubt a court would do that, but I can't tell you it's not a possibility.

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Customer reply replied 3 months ago
She doesn’t know that the bank reimbursed me. She thinks she got away with free money. I don’t want to waste my time this already has been a lot to handle and the time I had to wait to get back my money from the bank. If you were me what would you do? Do I have a good change of winning or is all of this just a complete waste of time for me to do?
Lawyer: Richard, Attorney replied 3 months ago

If I were you, I would file the civil suit AND pursue the criminal prosecution. She's a criminal and need s to face prosecution.

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Customer reply replied 3 months ago
Alright I’ll take your advice. Can you please advise how do I file a civil suit? I live in New Jersey as does she.
Lawyer: Richard, Attorney replied 3 months ago

Here's a link to guide you through the process: https://www.uslegalforms.com/smallclaims/new-jersey/

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Customer reply replied 3 months ago
Isn’t small claims court only 3000.00 and below? I would be sueing for 3500.00 plus punitive damages. Would’t That be a civil suit?
Lawyer: Richard, Attorney replied 3 months ago

If you are going to seek in excess of $3,000, you can file in a Special Civil court for claims up to $15,000. Here's a link to guide you through that process: https://www.judiciary.state.nj.us/forms/10281_spc_guide_court.pdf

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Lawyer: Richard, Attorney replied 3 months ago

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