Legal Question in Credit and Debt Law in Georgia

is my problem a criminal or civil matter

I had received a workman's comp settlement and decided to take my family to puerto rico. My father and his girlfriend took money that I had wired for the trip and never gave it to me. I have confirmation of transfers by my bank to her bank in puerto rico. My bank is in TN. The took over $12,000. How do I go about getting this money back. They also took a car that he had signed over to me. IIs this a civil or criminal matter? I would like to know what the full extent of the law can do for me.


Asked on 8/15/00, 1:22 pm

1 Answer from Attorneys

Ms. Tran Lankford Tran Lankford, Attorney at Law

Re: is my problem a criminal or civil matter

Since you are a TN resident, this question should have been referred to a TN attorney. I will attempt to answer your question because some of it is based on general principles of law, but do ask for second opinions from attorneys in your state. I am assuming you live in TN because you stated in your question that you wired money from your bank in TN. As far as the criminal matter is concerned, if you intended the money to be wired to your father's girlfriend and she received it accordingly, I am not sure that anything can be done because she was the intended receiver of the money. If the money was intended for your father for instance, and your father's girlfriend obtained the wired money, then maybe something criminal can be done. I would need to know if all the documents show that your father's girlfriend was the intended recipient of the money,and if there was any written instructions.

Regarding the car, if your father or his girlfriend does not have permission to have the car, then you may inquire with your local police department on pressing charges, and what types of charges are available if any.

Suing either or both your father and his girlfriend for the $12,000.00 depends on how much time, money, and documentation you have. Was the arrangement verbal or written that you would wire the money and they would give it back to you? In order to advise you, an attorney would need to know more. You must also take into consideration the money that you will spend on hiring an attorney to pursue these matters through legal means. In order to sue someone, you must be able to find them first to serve the person. Do you know where your father and his girlfriend are? Are they judgment proof, meaning if you did find them, sue them & in the event that you win, can you collect on the judgment? One can win, but if the defending party does not have any money, one may be spending money to sue an individual who is unable to pay the judgment. I hope this has been helpful, but PLEASE GET A SECOND OPINION FROM ANOTHER ATTORNEY IN THE STATE WHERE YOU ARE LIVING IN.

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Answered on 9/20/00, 1:53 am


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