Legal Question in Civil Litigation in California

can i file a civil suit against someone over a large sum of money( 53k) owed to me?He has dissapeared but his cell # is still active? help please i withdrew money from my 401kn and my savings acct and gave it to a guy i dated for the music ind investment.He never came through with paying me back and I have multiple txt msgs stating when he would repay me and now he's saying in August. He has dissapeared and his cell # is still active and it's registered in someone elses name.(bus accnt) I only have his name and birthdate but that might not be accurate since he pulled this.I want to send certified letters to his known addys. I'm going to go file a police report along with having his pics and the txt msgs.Can I file a civil suit? Help me


Asked on 6/27/10, 12:19 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Yes, you can file a civil suit. You might need to hire a private investigator to track down his whereabouts so that you can serve him with the summons and complaint. Save the text messages. You might take digital photographs of them and print them out, just to preserve them in case they are accidentally deleted.

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Answered on 6/27/10, 3:31 pm
Terry A. Nelson Nelson & Lawless

Sure you can file, but the practical reality is that you'll have to find him and his assets to be able to recover any money from him. You'll need to have a private investigative firm do a thorough asset and financial search, before you spend your money suing. If you're serious about pursuing the case, feel free to contact me for the help you're going to need. I wouldn't do anything more yourself until you consult with counsel. You could 'spook' him into disappearing before you find his assets.

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Answered on 6/28/10, 11:12 am


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