desperate in need advise please

[teri1301]

What is the name of your state (only U.S. law)? florida

my x live in boyfriend stole 25k form my account and blew it in stock market, he promised to put it back until we split up. I have nothing in writing , do I have a legal leg to stand on ?

 

[Zigner]

When did he do this?

 

[Ohiogal]

When did he do this?

And HOW did he do this? Was it a joint account? How did he get the money? Did she report the money as stolen?

 

[sandyclaus]

I'm suspecting that Op has no recourse.

If they didn't report the money having been stolen, or if the ex had been previously authorized to withdraw from the account with her permission, the bank is likely going to see this as a permissible withdrawal.

I know that if my significant other took $25k out of my accounts withouy my permission, I wouldn't be making repayment deals (yet another clue that OP consented to the withdrawal), my next move would be a call to police - without hesitation.

 

[teri1301]

What is the name of your state (only U.S. law)? florida

my x live in boyfriend stole 25k form my account and blew it in stock market, he promised to put it back until we split up. I have nothing in writing , do I have a legal leg to stand on ?

He transferred it from my savings to Merrill edge, I authorized 10,000, he took 25,500, I reported it to police a year later, also to fraud dept of Merrill edge, he put a car in my name as collateral, which I got when I left, but now he has stolen that, it is titled in my name only and was never in his name ever, I reported it as stolen as well

 

[single317dad]

He transferred it from my savings to Merrill edge, I authorized 10,000, he took 25,500, I reported it to police a year later, also to fraud dept of Merrill edge, he put a car in my name as collateral, which I got when I left, but now he has stolen that, it is titled in my name only and was never in his name ever, I reported it as stolen as well

You made a police report A YEAR after you found out someone "stole" from you?

When, exactly, did he "steal" the car? Under exactly what circumstances? Depending on your answer, he may be entitled to the use of that car.

My guess is this is all going to fall under civil rather than criminal, and if this guy is really the mooch you're describing, what makes you think you'll ever get any compensation from him?

 

[latigo]

I'm suspecting that Op has no recourse . . blah, blah . . .

Well that should wrap it up!

The OP is out the allegedly stolen $15.5K because Ms. Claus who clipped her JD from the back of a cereal box has misgivings.

Next case.

 

[latigo]

He transferred it from my savings to Merrill edge, I authorized 10,000, he took 25,500, I reported it to police a year later, also to fraud dept of Merrill edge, he put a car in my name as collateral, which I got when I left, but now he has stolen that, it is titled in my name only and was never in his name ever, I reported it as stolen as well

I will pass on the issue of the vehicle for now, but as to the savings account:

In a civil action for restitution of the $15,000 your proving his misappropriation of the money may not be as difficult as some suspect.

Assuming that the account was in your sole name his only defense would be that you either loaned him the $15,000 or that it was a gift.

If he were to claim it was a loan, which is doubtful, then he would be obligated to repay it and without proof of repayment you would be entitled to a money judgment.

More likely he would defend on the notion that the money was a gift. However, it he does so it would cast a whole different light on whom has the burden of proof in the lawsuit.

Because in order to sustain a gift the alleged donee has the burden of proving the alleged donor’s intention to make the gift by clear and convincing evidence. And his word over yours alone would not suffice to sustain that burden.

True, he may be judgment proof. But if the judgment reflects that it is based on larceny/fraud, etc., he couldn’t rinse it in a future bankruptcy.

Also, what do you think the likelihood is that if he is sued for the money that he would go to the trouble and expense of even showing up in court?

You should review all of t is with your attorney, including adding a count for the value of the stolen vehicle.

Also, none of this business of reporting the thefts to the authorities will be heard in civil court. It is all self serving and thus inadmissible.

However, if he were to defend and testify that you didn't report any theft as evidence that the money was gifted, then evidence of making the report would be admissible in rebuttal of his testimony. But only then.

 

[teri1301]

Thank you for responses. I didn't report it for a year because we were still together, I trusted him completely. after we broke up he just laughs and calls me stupid. I beat myself up enough for my errors....go easy

 

[ecmst12]

So it wasn't theft until he dumped you....it doesn't work like that. Latigo's opinion is more than a little bit optimistic. I don't think you have a chance in hell of winning a lawsuit against him or having any criminal charges pursued. The police see you (correctly) as a bitter ex who regrets the gift she gave her man now that he doesn't want her anymore. You have a better chance of getting your car back, depending on how he ended up with the keys. But that money was gone a year ago when you gave it to him.

 

[latigo]

Thank you for responses. I didn't report it for a year because we were still together, I trusted him completely. after we broke up he just laughs and calls me stupid. I beat myself up enough for my errors....go easy

You have two choices. You can kowtow, absorb the loss and continue to allow him to smirk and throw insults at you. Or you can stand up to him and stop the giggling and laughter by taking him to court and seek a judgment for restitution based on his fraudulent appropriation of your property.

What you choose to do is of course entirely up to you. But please do not let the words coming out of the mouth of a pretentious quack such as ecmst - who wouldn’t know a lawsuit from a cop’s uniform - influence that decision.

Also, don’t think that because you have taken no positive action to date in anyway diminishes the over all merits of your claim. The state of Florida doesn’t think so because it allows you four years to file your lawsuit. (See: Florida Statutes Sec. 95.11(3)(j)

To me at least, your recent words “I trusted him completely” dispels the notion that you somehow condoned the theft permitting him to treat the unauthorized withdrawal as a gift.

Even if so, he would still be charged with the burden of proving it by "clear and convincing evidence"! Which would be an extremely favorable aspect of the lawsuit. And one not discernable through the “psychic powers” of ecmst.

 

[ecmst12]

I would love to see a similar case that was won by the jilted ex. This is too much money for small claims court, so OP would be spending thousands in legal fees for very dodgy chances of even winning, let alone collecting. But go ahead and encourage her.