Legal Question in Civil Rights Law in New York

I have an ex-friend that used my checking account in 2010 to have her tax refund deposited in my account, I never seen it come thru and no statements reflect the deposit. She claims it went in and now claims she will be suing me for 8000.00. What do I do and what does she have to do to sue me? She has just brought this to my attention now in December of 2011

Asked on 12/26/11, 4:44 pm

1 Answer from Attorneys

Michael Haber Law Offices of Michael S. Haber

Anyone can sue anyone for anything, so your ex-friend can certainly sue. But what she will need, quite obviously, is proof. The fact that you "never seen it come through" is immaterial, but what is important is that there are no bank statements that reflect the deposit.

She will not win a lawsuit based on her say-so. She will have to prove that you are (or, at least, were) in possession of that sum of money. And if she cannot prove that, she is not going to get very far.

Moreover, if she claims it went into bank account X, and you have statements that do not reflect the deposit, that kind of settles the issue.

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Answered on 12/26/11, 7:29 pm

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