Legal Question in Credit and Debt Law in California

investment scam

my sister got into an investment together with her friends.they invested a large sum of money.the problem is they can no longer find the person who got their money. it turn out to be a scam .since my sis was the one who collected the money from her friends then gave it to the person ,her friends are running after her.they want her to return the money to them/pay them back.my sister has no work and has no means to pay.they are harassing her and forcing her to return the money.they force her to sign in a document stating that she owe them the money.she has been so stressed and is now sick.can they force her to pay using that document?what is the best thing to do?


Asked on 3/13/09, 10:09 am

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: investment scam

Your sister might be a good candidate for bankruptcy. If the debts are discharged, this would be a permanent court order that would prohibit your sister's friends from trying to collect any more from her. She should go to the website for the National Association of Consumer Bankruptcy Attorneys to find someone to help her.

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Answered on 3/13/09, 10:25 am
David Gibbs The Gibbs Law Firm, APC

Re: investment scam

I am really sorry to hear about your sister's problem. Sounds very familiar given the rash of investment schemes in the news these days. To answer the later part of your question, the document they had her sign is going to be an issue. Depending on what it says, it may be a simple promise to repay the money, in which case it should be dischargeable in bankruptcy. If it was well-drafted, it could contain some admission by your sister that she obtained the money through fraud or deceit, in which case she might not be able to discharge what they argue she owes them in Bankruptcy. She needs to sit and review the entire matter with a bankruptcy attorney. If she lives in the zip-code you provided, she is not that far from me, and I would be more than happy to meet with her and provide her with a free initial consultation. Again, sorry to hear about the problem.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/13/09, 2:56 pm


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