Legal Question in Credit and Debt Law in Pennsylvania

cousin stole from me

My cousin borrowed over 130k from me and two business partners. he told us that he was investing the money, but it turns out he lost it all gambling. what can we do? if we sue him and recieve a judgement against him, can he just turn around and file bankruptcy? if so, can we file criminal charges and try to get him jail time?


Asked on 4/28/08, 5:17 pm

1 Answer from Attorneys
Solomon Weinstein Solomon Weinstein, Esquire

Re: cousin stole from me

There is insufficient information. Was the money borrowed evidenced by a writing? Is there a contract a promissory note to pay back the funds.?

Were you and your two business partners involved in the investment?. If fraud or misrepresntation was involved you can sue him for that. If you have a contract to pay back the loan under certain terms you may have an action as well. If he was investing the money for the three of you and promising a return on your investment this may be a criminal act taking money under false pretenses. If fraud was involved or misrepresentation then the debt would not be dischargible in Bankruptcy, though you may have to file some action in Bankruptcy court to determine that this was the case. Do yourself a favor and consult with an attorney about the situation.

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Answered on 4/28/08, 6:03 pm


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