Legal Question in Criminal Law in California

My ex fianc� borrowed $45,000 from me and my parents in an attempt to buy a SUV.He wanted to work as an independent limo driver instead of working for someone else.We signed the agreement 7/15/2013.He agreed to pay 1500 a month.But he never honor the agreement . Eventually,I found out he gambled away my money.He committed fraud crime to deceive me to have personal gain.

I filed a civil lawsuit against him.The judge awarded me with fraud judgment .But he never pay me back.

Can I file a criminal fraud charges against him ?even I have judgment on this case. He is also criminally responsible for this matter.


Asked on 10/13/14, 11:12 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

You cannot "file" criminal charges. That decision is exclusively the prosecutor's.

You can try to make a police report but honestly - this sounds entirely like a civil dispute. Unless there is iron-clad proof that he had absolutely NO intent to pay you back (and a signed loan goes right against that), this is a civil dispute. I don't ever see a prosecutor filing theft or fraud charges based on what you wrote. Sorry.

Good luck collecting the judgment you have.

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Answered on 10/13/14, 12:18 pm


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