Legal Question in Criminal Law in Florida
I need help
About one and a half years ago I gave my ex girlfriend three checks that bounced and one that I put a stop payment on.The checks were given to her to pay back a loan.Since then I have paid her back,now she wants to take me to court and say that i never paid her.About 3 months after she recieved the checks from the bank, she gave me 2 more checks for a substancial amount of money.I have never given her a bad check since.I really don't have any proof that I paid her back, because being the fact that she was my girlfriend I trusted her,the only proof that I have is that I made deposits in her bank acount in my home state of florida and she lives in california bieng that the bank is in both states.I have lost the reciets, but I can give an acount of when the money was deposited and at what location.I need to know what can i do to prove that I made these deposits and what kind of legal action can she take against me.
1 Answer from Attorneys
Proof of Payment of Bad check
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During the discovery stage, you can request that your former girlfriend admit to the receipt of the payments. You can also schedule her deposition duces tecum and ask for her to bring her bank records for the periods in question.
Another method will take some work on your part, but you can subpoena her bank records and receive copies of the deposits by paying a research fee to the bank. You will have to get a subpoena issued by the Court.
If you know the exact dates of deposit, it will be easier and less costly. Banks charge a fee for research and whatever help or information you can provide to minimize the amount of time it takes to find the deposits will be to your benefit.
Further, you have the right to cross examine your former girlfriend in open court. If you are skilled in asking questions, you can usually trip up a person who is lying.
You may wish to consult a local attorney to discuss the specifics of your problem or hire one for the purpose of defending the action.
Scott R. Jay, 305-249-8000
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