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
Real Estate Attorney
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.
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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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Chapter 7 Bankruptcy Attorney
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!
Criminal Defense Attorney
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.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.
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