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

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

Posted

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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Asker

Posted

When serving a supena on him, when leaving his house he pulled up and blocked me and wouldn't let me and my kids go, my son videotaped it all in his iphone and the police have charged him with ADW and after his first hearing he called my x and was upset about being charged and in the conversation he threatened to "take care of me in his own way" I am making a police report today and was told to add the fraud ( promise without intent to perform) to the police report for the city attorney .

James Carl Eschen III

James Carl Eschen III

Posted

Then maybe a stay in the pen would be good for him. You are not supposed to serve subpoenas in your own case. Have a process server, who is trained to deal with difficult people, or better yet the sheriff, do it.

Posted

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.

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Posted

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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Posted

When serving a supena on him, when leaving his house he pulled up and blocked me and wouldn't let me and my kids go, my son videotaped it all in his iphone and the police have charged him with ADW and after his first hearing he called my x and was upset about being charged and in the conversation he threatened to "take care of me in his own way" I am making a police report today and was told to add the fraud ( promise without intent to perform) to the police report for the city attorney .

Posted

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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Posted

When serving a supena on him, when leaving his house he pulled up and blocked me and wouldn't let me and my kids go, my son videotaped it all in his iphone and the police have charged him with ADW and after his first hearing he called my x and was upset about being charged and in the conversation he threatened to "take care of me in his own way" I am making a police report today and was told to add the fraud ( promise without intent to perform) to the police report for the city attorney .

Thomas Anthony Schaeffer

Thomas Anthony Schaeffer

Posted

It sounds like the situation is getting out of control. You might want to get a temporary restraining order against him and have you and your family take extra precautions for your personal safety. Good luck.