Legal Question in Civil Litigation in California

Money loaned, intentional fraud

I'm kind of in very odd situation. This was way back in 2003. I helped a friend of mine by providing accomodation as he was out of job as he couldnt afford to pay on his own. He needed financial help as he was leaving for Canada to find a job. He asked me if I could lend him $4000 cash as he needs to show few grand on landing in Canada. I did give him the cash and in return he gave me a check asking me to deposit it later. Couple weeks later I deposited the check in the bank and it bounced. As I needed cash myself I had to borrow from credit card and kept paying interest for 3+ years until I was able to repay fully.

Meanwhile, I was able to trace the guy and asked him to return the money. He kept saying he would pay me and I lost hope. Few months ago this year i.e. 2008 I was able to trace the guy and realized he is in the country. I called him and insisted about the money. He said he would pay me in October and hasn't at all. Lately he has been refusing my calls and ignoring me. This is causing me lot of grief trying to chase the guy down. Obviously, I'm not willing to let go of the hard earned money. I do have his address, emails I have sent him, his # phone number and the bounced check.

It's very clear this is intentional.


Asked on 1/14/09, 10:57 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Money loaned, intentional fraud

The issue as to whether it was fraudulent or not is what his frame of mind was when he first borrowed the money. Since you did not try to cash his check until several weeks later and he had been looking for employment, I think it will be difficult to prove he intented to defraud you.

Sue him in small claims court and get a judgment against him. You might not be able to collect anything but you are in a better position then before.

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Answered on 1/14/09, 6:48 pm


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