how do I prove fraud on a friend that I loaned money to? she paid me back once and that's it. she is now filing chapter 7 - can I sue her for fraud and how? What would be my basis? I have a note when I gave her the loan that she signed. Is is fraud that she said she would pay me back when she got a bonus? or when she sold her house? that is not in writing though. What would I need to accuse her of fraud? This loan was in 2004.
1 Answer from Attorneys
Fraud has to be proved indirectly through all the facts and circumstances surrounding the financial transaction since she was never foolish enough to say "I do not intend to pay this loan back from the beginning." This is something that has to be deduced and left to the fact-finder (judge or jury) to decide. You need to hire a lawyer to bring an objection to the discharge of your debt in the bankruptcy proceedings. That's the only forum where you can do so.
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