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

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.
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Answered in 1 minute by:
3/19/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,326
Experience: 30 years experience representing clients.
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You have no liability to her over a text message to give her $3000. The offer is gratuitous and legally unenforceable.

Likewise, you can not be sued for making a complaint for the theft and forgery of your check.

You can sue her in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

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Customer reply replied 1 month ago
even though I did say in text I would give her a check for 3000.00 and then when I met her due to numerous reasons I did not would mean nothing in court? She clearly stole a check and completely filled it out and signed my name. TD bank already took my side as I said after their investigation and gave me back the 3500.00. As, I said TD bank took the lost and this girl still has the 3500.00 of free money. Are you sure I can sue? Some lawyers on here told me I cannot since TD bank reimbursed me. Others said I can and also maybe able to get punitive damages. I’m confused by all of these different answers. I do not want this girl to think it’s ok to steal from someone and then be allowed to get away with a free 3500.00. Please advise thank you
If the bank reimbursed you then you damages are nominal and it may not be worth suing now.
You have no liability for a gratuitous promise of a gift. It is legally unenforceable, even with a text message.
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Customer reply replied 1 month ago
Ok. I also brought her a Gucci handbag, shoes that cost 700.00 and a signed football worth 300.00 that she is unwilling to return. Can I sue her for those items back or the value of it. This all took place last month. It still makes no sense to me that my bank takes the lost and after all this illegal things she has done she gets to keep the 3500.00. I wanted to sue and if I did win I don’t even want the money I would reimburse the bank or donate it to charity. It’s not about the money at this point it’s the principle. Some lawyer said I can sue also for punitive damages and other’s are saying I can sue and other are saying I cannot. I am so confused.
No, you have no legsl right to demand the return of gifts you gave to her. Those are hers.
Yes, you are entitled to punitive damages, but you would need to get the bank to join in the suit.
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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,326
Experience: 30 years experience representing clients.
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Customer reply replied 30 days ago
Sorry haven’t been on. Thank you

You are very welcome. Thank you for using JA.

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