CuriousOne11111
Junior Member
Just a side note: I live in Orange County, CA (in case laws differ).
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Okay so here's the (LONG) story:
Around December of last year, a couple friends and I lent a few hundred dollars each to a specific friend of ours that that had some immediate emergency expenses to pay and promised to pay us back (we each were unaware that he was borrowing money from the others).
At that time (AND THIS IS IMPORTANT) we had known him for around 4 years and he seemed like a straight-up guy who was smart and knew what he was doing. Responsible, etc etc.
However, unknown to us, he had decided to show his true colors around that time, such as stealing money and social security numbers and credit cards from his parents, fraud, etc etc.
Well, he supposedly paid us back rather quickly, using one of his credit cards to pay us back through paypal.
I forgot about it rather quickly until March, when I received two emails from Paypal stating that two transactions ($800 and $450) were contested by the credit card company and were put on hold. They were reversed later that month, and I was stuck owing paypal $1250.
From March until around May, this individual kept telling the three of us (we were aware of each other lending at that time) that it was a mistake and he was trying to get the credit card company to reverse the chargebacks.
Yet in May we discovered the truth: he had stolen the credit card from his parents and paid us, and they reversed the charges they didn't authorize.
For some reason, despite him stealing their identities and cards, the parents are NOT filing charges against this guy.
One of the other people that lent this person money sued him and won successfully in small claims court, but has no way of collecting his money. This is because at this point, the thief's life is sort of screwed up, and he has no job and no property and $0 to him.
MY QUESTION (AT LAST) IS: CAN I FILE CHARGES AGAINST HIM AND GET HIM JAIL TIME OR COMMUNITY SERVICE OR WHATEVER.
I'm asking this because even though his parents aren't filing fraud (or any other) charges against him, can I file fraud charges against him for paying me with a stolen credit card? I thought this might work because in April I had him sign and fingerprint a document, with three signed witnesses, that stated that among other things:
"I, XXXXX XXXXX, state that the two PayPal transactions of $450.00 USD and $800.00 USD made on December 18, 2009, and December 26, 2009, respectively, were fully authorized by me and were in no way falsified or forged. These two payments were made to YYYYY YYYYY due to debts incurred by me, XXXXX XXXXX, to YYYYY YYYYY during the months of November and December 2009."
Now, even though the parents won't state that this was a fraud, the credit card company fully admits that these were unauthorized transactions linked to this individual's PayPal account.
Any help or advice is appreciated.
--------------------------------------…
Okay so here's the (LONG) story:
Around December of last year, a couple friends and I lent a few hundred dollars each to a specific friend of ours that that had some immediate emergency expenses to pay and promised to pay us back (we each were unaware that he was borrowing money from the others).
At that time (AND THIS IS IMPORTANT) we had known him for around 4 years and he seemed like a straight-up guy who was smart and knew what he was doing. Responsible, etc etc.
However, unknown to us, he had decided to show his true colors around that time, such as stealing money and social security numbers and credit cards from his parents, fraud, etc etc.
Well, he supposedly paid us back rather quickly, using one of his credit cards to pay us back through paypal.
I forgot about it rather quickly until March, when I received two emails from Paypal stating that two transactions ($800 and $450) were contested by the credit card company and were put on hold. They were reversed later that month, and I was stuck owing paypal $1250.
From March until around May, this individual kept telling the three of us (we were aware of each other lending at that time) that it was a mistake and he was trying to get the credit card company to reverse the chargebacks.
Yet in May we discovered the truth: he had stolen the credit card from his parents and paid us, and they reversed the charges they didn't authorize.
For some reason, despite him stealing their identities and cards, the parents are NOT filing charges against this guy.
One of the other people that lent this person money sued him and won successfully in small claims court, but has no way of collecting his money. This is because at this point, the thief's life is sort of screwed up, and he has no job and no property and $0 to him.
MY QUESTION (AT LAST) IS: CAN I FILE CHARGES AGAINST HIM AND GET HIM JAIL TIME OR COMMUNITY SERVICE OR WHATEVER.
I'm asking this because even though his parents aren't filing fraud (or any other) charges against him, can I file fraud charges against him for paying me with a stolen credit card? I thought this might work because in April I had him sign and fingerprint a document, with three signed witnesses, that stated that among other things:
"I, XXXXX XXXXX, state that the two PayPal transactions of $450.00 USD and $800.00 USD made on December 18, 2009, and December 26, 2009, respectively, were fully authorized by me and were in no way falsified or forged. These two payments were made to YYYYY YYYYY due to debts incurred by me, XXXXX XXXXX, to YYYYY YYYYY during the months of November and December 2009."
Now, even though the parents won't state that this was a fraud, the credit card company fully admits that these were unauthorized transactions linked to this individual's PayPal account.
Any help or advice is appreciated.