I won a judgment or $100,000 and Fraud was listed in the complaint can I

Asked over 1 year ago - Los Angeles, CA

Can I go to the police station and make a report for Fraud for borrowing money with no intent to pay back and file a complaint with the city attorney I already won the case

Attorney answers (4)

  1. James Carl Eschen III

    Contributor Level 16

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    Answered . As Mr. Doland points out, you have not won the case as far as criminal liability is concerned because the burden of proof is different. You could try anyway to see if the police are interested, but I doubt it, especially since you did not go to them right away when this occurred.

    Right now, your interest is in getting your money back. Sending the defendant to prison would actually interfere with the ability to pay your damages.

  2. Michael Charles Doland

    Contributor Level 20

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    Answered . The burden of proof and the elements of civil and criminal (and bankruptcy and securities) fraud are all different. The answer to your question is "probably not".

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  3. Thomas Anthony Schaeffer

    Contributor Level 14

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    Answered . What have you got to lose? You already won a civil judgment and the police may use some of the record in a criminal prosecution but, as has been pointed out, one does not necessarily lead to the other.

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.... more
  4. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Answered . You are always entitled to file a report with the local law enforcement if you believe you are the victim of a crime. Since you have taken this matter through the civil court system, I have to wonder if too much time may have passed for the police to be able to help you though. Hope this perspective helps!

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