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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: 1 month ago.Category: Legal
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Answered in 1 minute by:
3/18/2018
Lawyer: RobertJDFL, Attorney replied 1 month ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,629
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Lawyer: RobertJDFL, Attorney replied 1 month ago

Good afternoon,

Depending on how long ago this was, you may still be able to report it to the police. It's theft, and just because you told her at one point that you would give her the money doesn't entitle her to take a check from you and write it out and cash it. To give you an example, if you and your friend agreed that you could borrow his car but never finalized when or for how long, you simply wouldn't take the car and keep it and expect that there wouldn't be repercussions, right? The same holds true here.

Unfortunately, you cannot sue her because you were reimbursed by the bank. In other words, you have been "made whole" and there is nothing for the court to compensate you for. Your remedy is to file a police report.

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Customer reply replied 1 month ago
I don’t want to file a police report only because her father of her child passed away and if she goes to jail I don’t know what would happen to her one year old. If she didn’t have a kid she would of been in jail already. This happened last month. I’m confused lawyers told me I could sue in small claims court or to do a civil suit because small claims is 3000.00 and below. Also, I could get punitive damages. I don’t even care about winning the money I would give the winnings back to the bank or to charity. She should not get away with a free 3500.00 no one in their right mind steals a check, fills the check out and signs someone else’s name and puts the check in their actual bank account. I’m sure she has done this before and if not she is going to continue to do this. Can you please explain why you believe I can’t sue her? I’m just beyond mad right now and this took almost a month to get back my money from the bank which shouldn’t even take a loss. This whole time with me losing this money has messed me up.
Lawyer: RobertJDFL, Attorney replied 1 month ago

I don't feel you can sue her because the courts exist to try to make a person whole again. That is, to try and "fix" as best they can the position they were in before the issue that gave rise to the suit. In terms of a civil suit, a court attempts to make a person whole by compensating them for their damages (e.g., if someone gets into a car accident with you, you may have claims above what insurance pays for medical bills, pain and suffering, lost wages, etc). Your damages are the $3500 she stole, except that the bank reimbursed you the money.

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Customer reply replied 1 month ago
she just pretty much gets away with a free 3500 Dollars
Lawyer: RobertJDFL, Attorney replied 1 month ago

If you won't even file a police report? Yes. Even if you could sue her in small claims court and won, do you think she would actually pay you? The court isn't going to make her pay you on the spot. All you would get is a judgment that says she has to, but lots of people have judgments they never pay. You could end up chasing her forever spending time and money to try and get the money.

You're automatically assuming that she would go to jail if you filed a police report, but jail time isn't mandatory if she is convicted. She could for example get probation and have to do things like community service, take a theft class, pay a fine, etc.

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Lawyer: RobertJDFL, Attorney replied 29 days ago

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