Legal Question in Criminal Law in California

My adult brother who has a slight disability loaned money to a woman. She paid him back the first time, then offered to "do something special" (heavy foreplay) for him the second time instead of paying him back. She kept asking to borrow money and he kept loaning money to her, and they'd meet up for him to give her the money for her rent or groceries or whatever, and she'd say she can't pay him back right now, but she could do "something special." He finally told someone in our family because he doesn't make a lot of money. We told him she was a prostitute. He says the money was a loan and that was clear and she always asked if she could borrow the money. He feels taken advantage of, and believed he'd get his money back. He wants to either take her to court, where it will be on record that she took advantage of him & his impaired judgement, AND he wants to file a bad debt with the IRS. He says it's okay if his name is in the mud too because he was the victim & didn't realize there were such people in the world. Any advice as to the best course for him?


Asked on 3/18/13, 1:16 am

2 Answers from Attorneys
Kelvin Green The Law Office of Kelvin Green

I am not sure why you are talking about filing a bad debt with the IRS. Bad debts are for profit and loss charge offs if you are in business.

There us always a suit to recover money but there are difficulties. She can allege a Meretricious relationship, you may have difficult time recovering, and it may be embarrassing to discuss this in open court. If you sue, there are the costs of the case with what sounds like someone who would not pay a judgment. I guess yu could sue for some sort of declarartory relief that he was taken care of but I really can't see the value, given the cost, effort, and little impact that would really have.

I would suggest having your brother learn from his mistake and move on. Many times the courts just won't get you justice you re seeking

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Answered on 3/18/13, 6:31 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

Your brother may be considered a dependent adult and if so the woman might be prosecuted under Penal Code Section 368(d). You might try talking to a friendly police officer or someone in the District Attorney's office. If the woman is convicted the court, as part of her sentence, will order her to pay restitution to your brother.

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Answered on 3/18/13, 10:02 am


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