In October 08, a relative contacted me via phone, I live in Ga. she lives in Ca. Asking for a personal emergency loan due to a break-in of her car and theft of her credit card, cash and paycheck. She stated she had no fund to pay her bills. I sent her via Western Union two wire transfers of $2000.00 the next day. She verbally promised to repay the loan in 30 days. She has not repaid the loan and refuses to accept my call or letters requesting payment. I had my brother in Ca. to file a claim against her small claims court this pending. It's evident the break-in of her car never happened. can I have her arrested for fraud?
Your relative seems to have violated California Penal Code section 484. The amount taken is within the range of a felony. The District Attorney of the county in which she committed the crime is responsible for evaluating whether the crime occurred and deciding whether it should be prosecuted. Usually the DA wants you to report the theft to the police in that area and they will forward the report to the DA. You can do this by telephone. The Internet will enable you to find the correct police department based upon your relative's address.
Lawsuit / Dispute Attorney
Dealing with the authorities on this will require some expertise that pertains to the precise charges. An attorney well versed in these matters could be of great assistance to you.
I agree with Mr. Brown that the rules vary from place to place.
You should get a lawyer, and even then the lawyer can only suggest a range of possible time frames that you are looking at for a resolution. There are too many variables that need to be discussed to give you the answer that you are looking for. The best thing is to actually sit down with an attorney and discuss all the important specifics.
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