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My family has been ripped off!!

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lizzymom

Member
California - I hope I am posting this in the right forum. My sister and her boyfriend came out from tennessee to "help" my father through a divorce. He was kicked out of his house by the judge after a drunken fight with his ex wife..not my mother. So he stayed on friends couches, including mine, with the intent to "win" the house back or force the ex to sell it. The sister shows up, rented an apartment and moved him in with her.
We (my other sister and I )were suspicious (my father was expecting a large settlement upon the divorce due to the ex buying him out) since she has a criminal history... but she loves her daddy.
Let me keep this short...after about a year of this, sis and I found Daddy a small apartment he could afford and moved him in so she and bf could go back to Tennessee. One the way out of town, their car broke down...I let them stay with me for month to save enough to fix it, five months later, they are gone and in their wake they have hit every member of the family with identity theft...credit cards, cell phones, etc...most of it on Daddy. We know it was her. She left behind reciepts and bills started coming in in his name. She also put herself and bf on my daughters credit as users..my daughter barely knows her, she wouldn't even put me as a user on credit.
We have done the foot work to clean it up, but we want to prosecute her and him...the police reports have been filed...all evidence submitted. What now...the police know they ripped off an old man...it doesn't seem like anything else it happening...any suggestions..I don't want the trail to get cold...we were thinking of posting a pic of them on the internet with a story of this, maybe others were affected too.What is the name of your state?
 


Happy Trails

Senior Member
California - I hope I am posting this in the right forum. My sister and her boyfriend came out from tennessee to "help" my father through a divorce. He was kicked out of his house by the judge after a drunken fight with his ex wife..not my mother. So he stayed on friends couches, including mine, with the intent to "win" the house back or force the ex to sell it. The sister shows up, rented an apartment and moved him in with her.
We (my other sister and I )were suspicious (my father was expecting a large settlement upon the divorce due to the ex buying him out) since she has a criminal history... but she loves her daddy.
Let me keep this short...after about a year of this, sis and I found Daddy a small apartment he could afford and moved him in so she and bf could go back to Tennessee. One the way out of town, their car broke down...I let them stay with me for month to save enough to fix it, five months later, they are gone and in their wake they have hit every member of the family with identity theft...credit cards, cell phones, etc...most of it on Daddy. We know it was her. She left behind reciepts and bills started coming in in his name. She also put herself and bf on my daughters credit as users..my daughter barely knows her, she wouldn't even put me as a user on credit.
We have done the foot work to clean it up, but we want to prosecute her and him...the police reports have been filed...all evidence submitted. What now...the police know they ripped off an old man...it doesn't seem like anything else it happening...any suggestions..I don't want the trail to get cold...we were thinking of posting a pic of them on the internet with a story of this, maybe others were affected too.What is the name of your state?
If there is enough evidence then the prosecuting attorney should see to it that they are charged with that crime and follow through with it.

It could be they are still investigating.

Give them a call to see what is happening in the case.
 

lizzymom

Member
I have called and I continue to provide information to the authorities. These cases are filed in numerous counties with the local police. We can't seem to nail down one person handling it and each county has a different process. We have provided information to help them link the multiple counties..but I don't know if they will..it's a little frustrating..anything else we can do?
 

CdwJava

Senior Member
These cases are very difficult to prosecute - especially when the suspects have crossed jurisdictional lines or have left the state. Having names and such is generally not enough to get a conviction. the state has to be able to PROVE that the individual charged committed the crime, and this requires more than names on a bill and addresses. She may have had motive and opportunity, and she may have benefitted from the crime, but can anyone prove that signatures on agreements were forged? Can any clerks or store employees put her name and face together as the person who applied for the credit?

This can be done eaily and anonymously, and unfortunately, these can rarely be prosecuted successfully. The defendant being in TN makes it even more difficult.

Also, while your dad may be a victim of identity theft (a crime in CA), the other victims are usually all the lenders and credit companies that end up eating the losses. These outfits are very reluctant to provide customer information even for fraudulent activity, and unless the loss to them is in the tens of thousands, most credit or loan companies find it more cost effective to write the loss off rather than pursue it.

Here is some information from the state of California:

http://www.privacyprotection.ca.gov/cover/identitytheft.htm

- carl
 

Bretagne

Member
You've done all you can at this point. If charges have been filed (multiple ones, at that) then they are in the system and there they will stay until eventually they have a day in court.
 

lizzymom

Member
Well, that's rather discouraging...but understandable...true the credit card companies are not talking to us anymore. I think we might have to get an attorney to file charges of elder abuse/extortion against my father..(she actually used his checking account to make a phone payment on the cell phone she opened and a credit card she opened, both in his name, we were able to get the bank to reverse that, so both accounts got closed for nonpayment. Convincing them it's fraud though is another story.

Thanks everyone for your input...I will check back for some creative (LEGAL) suggestions we might be able to use. We will be posting online...myspace, craigslist with their picture and story and see if we can stir up more victims...I think there are more.

It's a little underhanded but we don't want her to get away with it.
 

CdwJava

Senior Member
lizzymom said:
I think we might have to get an attorney to file charges of elder abuse/extortion against my father.
Your attorney cannot "file charges" - only the DA can do that. You may certainly hire an attorney to SUE them, however. The burden of proof for a civil case is simply "a preponderance of the evidence", whereas the burden of proof in a criminal matter is "beyond a reasonable doubt."

The problem you still face is that if they are out of state, how are you going to sue them and enforce even a default judgment? How much money are you and your siblings out? It may be a number of separate small claims actions as opposed to one single Superior Court action. But, i suppose an attorney can tell you what your options are.

Thanks everyone for your input...I will check back for some creative (LEGAL) suggestions we might be able to use. We will be posting online...myspace, craigslist with their picture and story and see if we can stir up more victims...I think there are more.
Careful ... you might be able to be sued for libel. I would check with an attorney before you post ANY of the details online!


- Carl
 

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