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is this legal procedure?

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JeanCarol

Junior Member
What is the name of your state? NC

I live with a dear elderly friend. 3 people use her PO box. Since last year when Jerry began using her box she has had credit card charges that he called the credit company to fix. Bills began missing from her box and late charges accumalated. Jerry suffered this also, he said. He hired an attorney to take care of these matters for him and her. Supposedly there was a trial (that was moved from county to county). But the problem did not end. His lawyer "has set a trap for the person taking her mail." The 3 were each to fill out a check (I do not know the amounts) with every line filled in except the "paid to the order of" line. He was then to take these checks and mail them from the post office by certified mail to his lawyer. One of the checks has been cashed. Would an attorney do something like this?
I called the attorney's office that he said he uses and asked if they had him as a client but was told they were not allowed to release that information. I understand that; but would it even be legal or ethical for one to do that?
 
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justalayman

Senior Member
If nothing else, it isn't smart, especially for your friend.

I presume Jerry told your friend his lawyer said to mail the check. If the lawyer wanted your friend to do this she would probably be contacted by the lawyer personally.

Why does your friend not have her own PO box. It would seem this would be the simplest way to solve any future theft.

Why is Jerry calling your friends CC company to straighten out a bill. Jerry would have no legal right to deal with the CC company on behalf of your friend unless she specifically gave it to Jerry.


Sounds like Jerry has the both of you scammed. Call the prosecutors office.
 

seniorjudge

Senior Member
JeanCarol said:
What is the name of your state? NC

I live with a dear elderly friend. 3 people use her PO box. Since last year when Jerry began using her box she has had credit card charges that he called the credit company to fix. Bills began missing from her box and late charges accumalated. Jerry suffered this also, he said. He hired an attorney to take care of these matters for him and her. Supposedly there was a trial (that was moved from county to county). But the problem did not end. His lawyer "has set a trap for the person taking her mail." The 3 were each to fill out a check (I do not know the amounts) with every line filled in except the "paid to the order of" line. He was then to take these checks and mail them from the post office by certified mail to his lawyer. One of the checks has been cashed. Would an attorney do something like this?
I called the attorney's office that he said he uses and asked if they had him as a client but was told they were not allowed to release that information. I understand that; but would it even be legal or ethical for one to do that?

Jerry is a crook.
 

JeanCarol

Junior Member
I have told her I don't believe him. But the people I have contacted have said she needs to file a complaint and she believes him completely. Is there a way to report him as a third party?
 

seniorjudge

Senior Member
JeanCarol said:
I have told her I don't believe him. But the people I have contacted have said she needs to file a complaint and she believes him completely. Is there a way to report him as a third party?
Q: Is there a way to report him as a third party?

A: Yes. You pick up the phone and call the cops. Then you say, "Jerry is a crook and here is why." Then tell them.
 

justalayman

Senior Member
JeanCarol said:
Is there a way to report him as a third party?
Call the local prosecutor's office yourself.

What of the other person in the 3 person PO box? Have you talked with him/her? Are they having any problems?
 

JeanCarol

Junior Member
the 3rd person is the one who's check I know was cashed. (I have my own PO box) My friend is the one who has had the credit card problem. There is Jerry, My Friend, and 3rd
 

outonbail

Senior Member
I agree, Jerry sounds like a con-man.

You can always verify this by requesting a copy of the cashed check from the bank. This would have the signature on the back of whoever endorsed the check and cashed it.

May even have the persons drivers license number and many banks today require a thumb print as well.

The only problem is that you say that the checks were filled out with the exception of the "Pay to the order of",,,, (how convenient) so no one would have had to have forged this check, they only had to place their name on it and sign the back. Then when you say they stole the check, they will deny it as it has your signature on it.

However, you will know who cashed the check.

My money's on Jerry or one of his cronies!
 

JeanCarol

Junior Member
what evidence should I gather for authorities so I don't sound like "he said/she said? I know my friend will be of no help because I can't prove it to her. (Perhaps she does not want to believe it?)
 

outonbail

Senior Member
I'd start by running a credit check on your friend. This will alert you if anyone's filled out credit applications for cards or merchandise or a car or whatever, without her knowing it. If there is mail missing, I'd be very curious to know if someone is taking her identity and living high on the hog courtesy of her good credit!

To run a credit check you can have it done on line or speak to her bank and maybe they can help. Only thing is that she is the one who will have to request this unless she has signed a power of attorney over to you, or your name appears on the account.

How old is Jerry and how long have you known him?
 

JeanCarol

Junior Member
This began a year ago. He is between 35-37 and is currently living with my friend's youngest daughter. (I have doubts about her too.) There are a lot of things besides just this latest with the mailing of the checks. Her phone never works either. And although he is supposed to own a business he always has her car. I cannot get her to see what is going on. I have tried on line searches for him but all I can find is a farmer with the same name. He also does not seem to exist in any public records I have tried.
 

outonbail

Senior Member
JeanCarol said:
This began a year ago. He is between 35-37 and is currently living with my friend's youngest daughter. (I have doubts about her too.) There are a lot of things besides just this latest with the mailing of the checks. Her phone never works either. And although he is supposed to own a business he always has her car. I cannot get her to see what is going on. I have tried on line searches for him but all I can find is a farmer with the same name. He also does not seem to exist in any public records I have tried.
Well, if everything you post is true, it certainly sounds like this guy is pulling her leg. (Possibly with the help of her daughter as well)

But if the woman doesn't want to investigate the situation, or consider the fact that this guy is running a scam on her, chances are she also wouldn't want to prosecute them if she was presented indisputable proof of their wrong doing.

If this is because of her unclear thinking as an aging senior, you could try contacting another one of her children to look into the matter before she doesn't have anything left to her name.

Or, you could call this guys bluff and tell him the DA is looking into the matter and ask him to accompany you to the prosecutors office to review his findings. This should have the guy running scared if he is indeed guilty.

If this is not possible, or something you don't wish to get any more involved with, then you should protect yourself from these dirt bags and let the cards fall where they may.

How does that saying go? "A fool and their money will soon part!"
 

seniorjudge

Senior Member
JeanCarol said:
This began a year ago. He is between 35-37 and is currently living with my friend's youngest daughter. (I have doubts about her too.) There are a lot of things besides just this latest with the mailing of the checks. Her phone never works either. And although he is supposed to own a business he always has her car. I cannot get her to see what is going on. I have tried on line searches for him but all I can find is a farmer with the same name. He also does not seem to exist in any public records I have tried.
What did the cops say when you told them everything you've told us in this thread?
 

JeanCarol

Junior Member
I have emailed the Sheriff's dept and was told my friend needed to file the complaint. Meanwhile other events have happened and I think that my friend is finally doubting what Jerry says. Her oldest daughter has talked to her and I have pointed out holes in his stories also. There are several things that have occured that he has been involved in; yet my friend has had no personal contact with the lawyer Jerry says he hired. The 3rd party who lives here and also wrote the blank check has been questioning him. 3rd's son who will soon go to Iraq also called the lawyer. The lawyer (who is a real person) said he never heard of Jerry. Things are hopefully collapsing on Jerry and this will end soon. The hardest part so far has been gathering physical proof to make a complaint without my friend doing it herself. Or just enough to convince her.
 

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