Legal Question in Civil Rights Law in Illinois
Hi Im from Chicago, I broke up with my ex-girlfriend about a month ago. Recently, I checked my online bank activity and she wrote out 2 checks, 1 for $1000 and another for $500. She has somehow got hold of my pre signed checks that were meant to be payed for bills, but she made these checks that were unauthorized and out of my knowledge. I talked to my bank but they can't help me. I called police department to report theft but said this is a civil case and that I should consult a lawyer. Is there any solution to this?
1 Answer from Attorneys
One option is to sue her in small claims court for the amount, $1,500. Small claims court in Chicago is intended for cases under $10,000 that often involve parties who are not represented by attorneys.
You will probably have to sue her for "conversion" (essentially a civil version of stealing):
"Money can be the subject of a claim for conversion provided that it can be described, identified or segregated, and an obligation to treat it in a specific manner is established. Illinois Jurisprudence, Personal Injury and Torts � 10:12. The general rule is that conversion will lie when the plaintiff proves that the money claimed, or its equivalent, at all times belonged to plaintiff and that the defendant converted it to his or her own use. Id. A plaintiff must generally show that he had a right to a specific fund or specific money in coin or bills. Id."
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