Legal Question in Civil Litigation in California
My father lives with me in my house that I own. He moved in with me three years ago and promised to pay me rent every month. One year after living with me he left for a vacation which to another country which was only supposed to be for 2/3weeks. His vacation turned into 6 months, which in these four months left me without money to pay for his side of the rent. While he was gone he received a settlement check for $3,662.00 from a lawsuit that he won, when he called me one day to enquire about the check I mentioned that I had received it and he then instructed me to deposit his check to cover for his expenses. I then deposited the check by endorsing his name and depositing it into my personal account. Needless to say, 3 months later he returns from his trip and �demands� his money back. He conveniently forgets he gave it to me and sent me an email correspondence demanding �his� money. He soon dropped the subject and stopped asking me for the money.
One year has passed and now he�s demanding his money again, he threatening my by saying the he�s going to file charges against me for fraud and forgery and sue me for the money. He was able to get a copy of the check I deposited, and he has a copy of the email he wrote when he originally demanded the money over a year ago, does he really have a case? Should I be worried? I don�t have any proof that he gave me the money our original conversation was over the phone. How can I defend myself?
2 Answers from Attorneys
If he threatens to sue or file criminal charges, hire an attorney to straighten this out, if possible. You have no proof of his 'authority', and you could face forgery and theft charges.
I am sorry your father would blow your relationship over $3,700. Best to pay him back, as you cannot prove his authority to sign his name, and you do not want to escalate this to criminal charges.
www,michielawfirm.com