Legal Question in Civil Litigation in California
Hello:
I have been scammed by a con artist. We went into an investment of rehabbing a home. She signed a promissory note to use funds ONLY pertaining to deals together; however, she funded one other property and put some funds as deposit for some apts she is buying. I have asked her repeated for copies of bank stmts and proof of available funds. She was not able to provide it. WE asked her to wire back $18k b/c she's holding onto $70k of my funds (all my funds are from credit cards that I pay like 10% interest on). She gave me fake wire confirmations, TWICE and I asked to verify that funds were transferred, she had her friend imposinated a representative of citibank.
she has caused me to be a wreck! I am a basket case, I can't sleep, I am stresed and emotional torned!
She's constatntly lieing when I aks for my funds, she would not return my calls or email etc..
What is my rights? She is a con artist.
What can I do to prosecute her?
I have emails and correspondences
2 Answers from Attorneys
Having gone through some to the same type of stealing from me, I understand how you feel. I do not know that you will ever get back most of your money. You can report her to the local DA but there are so many of these scams going on that they probably will do nothing. If she has a real estate license, you can report her to the Dept. of Real Esate but they also are slow to act and all they can do is take away her license.
You need to meet wtih her personally and brling your spouse or some strong willed person with you. Go first to the county recorders office to see what real estate transactions she appears on. Demand that she produce all the documents and point out that all you want is your money back and not her put in jail, but you will take what ever steps are necessary to get your money back. Go to the owners of the properties she ils linvolved in and find out what ils going on. You probably want to file suit asgalinst her for fraud so that you can file a lis pendes on all the propertlies she is involved in so that she can not sell anything without your permission. It will be worthwhile to go to an attorney who specializes in real estate to figure out a coherent plan.
Good luck.
If she is really as crooked a you say, then just sue her for breach of contract and fraud and get an ex parte prejudgment attachment of your funds in her bank account. If you demand a meeting and accounting then she might hide your funds.
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