Legal Question in Civil Litigation in California
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 REFUSED TO SHOW ME HER BANK ACCT AS HOW THE FUNDS ARE BEEN USED. So this is grounds for litigation law suit? What will the costs be to prosecute her and estimated ? If so, she's at fault, so she needs to pay for my legal fees?
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. thanks.. any advice will be greatly appreciated.
4 Answers from Attorneys
Borrowing on your credit cards to make an investment was very foolish. It is unclear how to characterize your investment and, therefore, what remedies you can pursue. Was it a partnership? Oral partnerships are recognized in most cases, but the terms are often subject to conflicting testimony as each side has a different understanding of the rights and duties of the parties. You might be able to sue for a dissolution of the partnership or even an accounting, but the outcome depends on what the agreement really was.
As for attorney fees, those are generally not recoverable even where the other side is at fault unless you have a written contract that provides for recovery of attorney's fees.
You can sue for fraud and related causes of action, and I'll be happy to help you, as long as you have some assurance that you could find assets to collect against after you get a judgment. If serious about doing so, feel free to contact me.
It is a horrible feeling to fear that you have been taken. We handle investment fraud litigation and advise clients that they pursue the money as soon and as aggressively as possible. If you would like to speak with me further about this, I woul be happy to advise you.
Regards,
Bryan
Becker Attorneys
Your Business. Your Family. Your Lawyer for Life.
619.400.4929
I am sorry to hear of your situation. Act immediately before all your money is gone. Contact me directly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
