Legal Question in Civil Litigation in Maryland
sweetheart con victim
Met an man on the internet, fell in love. Did a background check, nothing bad. He quickly and subtly became manipulative. Convinced me he had lots of $$ in FL, CD's not yet mature, and was waiting for large workmen's comp settlement. Convinced me to loan him money and pay expenses on his behalf. Assured he would repay in Jan., that I would get a check for $10,000. This was postponed, then promised in Feb., again in March. Owes me more, argues about amount. Admitted lying about promised checks. Says to take him to court, but that I don't have a case, since he didn't sign anything. I have bank and credit card statements, cell phone bills, etc. reflecting cash withdrawals and expenses on his behalf. Very clear my financial patterns changed dramatically after I met him. Others have witnessed his business endeavors and real estate contracts he defaulted on. Is there anyway I can seek repayment? I just want what he promised to re-pay, even though I'm way worse off financially due to the way I managed things in response to his promises and our plans...He would help me pay off my credit cards, buy me a car, buy a home for us, etc. and I closed my own business to have time to travel with and assist him - he is handicapped.
1 Answer from Attorneys
Re: sweetheart con victim
You can sue him in court not only for default on his promise to repay but also for fraud. The fraud theory would require you to prove that he conned you out of the money and never had any intention of living up to any of the promises he made to you to get you to loan him the money. On your fraud claim, you would ask for punitive damages, on top of the money he owes you and any other losses you have sustained.
Now here's the tough part--even assuming the judge or jury believes your version of the facts over his and you win the case, can you collect? If this guy has any assets, they're probably well hidden and in addition you're probably far from his only victim. Unless you're fortunate enough to find some real estate equity or better yet a bank account, chances are you'd end up with an uncollectable judgment, after incurring considerable expense to do so. He might also declare bankruptcy to avoid paying you, although if you prevail on the fraud claim it wouldn't be dischargeable in bankruptcy. My guess is he wouldn't even defend the suit, knowing you're unlikely to collect. He's probably no stranger to being sued.
Have you considered exploring criminal prosecution? Contact the fraud squad of your local police to see if they're willing to arrest him if you file charges. If he's convicted, a sentencing judge can order restitution to you as a condition to avoiding jail time.