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Getting charges brought against someone

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Carguy22

Junior Member
What is the name of your state (only U.S. law)? TENNESSEE
I bought into a business partnership or so I though, the only legal thing is a draft for a partnership, nothing was filed. The guy turned out owing a lot of money to people, I was locked out for trying to stop him from writing people bad checks, even law enforcement had known about it but he stalled customers and talked them out of pressing charges until he did the same to another person.
Well I went to court got my judgement by default, he then lied about bankruptcy, I was told it is still a civil case, except he had fled and showed up trying to collect the inventory of the store after 3 months of being closed. There are still a few things left, he apparently gave to the landlord. Only because he fled when he saw me, twice. The landlord is owed money and bought his stories like everyone else he is owed about three months rent and a busted window still . My case to get him charged with whatever I can, the guy never intended to sell part of the business it was just a scam/fraud to get money, never intended to pay his debts, like the other people he did that to. He doesn't care about the law, I don't even know where he is now but law enforcement might be able to find him.
Is there not a way to get him charged with a crime ? the only reason anyone won't act is I have a piece of paper and others don't . That really seems like a flaw in the legal system if that is the case. There should be something that prevents him from just running away after stealing my money/property.
 


Carguy22

Junior Member
Also I found a bbb complaint that happened only 1 month after my court judgement almost a year after being locked out and the business was run just fine. He gave a bad check for items he bought, it bounced, it took two months to get resolved even after the police and DA's office couldn't reach the guy. The DA's office is one block to the right across from this business.
 

FlyingRon

Senior Member
BBB means nothing. It's a voluntary thing that assumes the business cares what their BBB file says.

While writing bad checks is a crime, there's no obligation for the state to prosecute someone for it on your behalf. While writing a check that is dishonored that you don't immediately make good is presumptive of intent, proving fraud is more difficult. It has to be particularly clear cut for the state to want to get involved as it has to prove intent and the act beyond a reasonable doubt in court. Civil actions don't require intent for contract breach and only require a preponderance of the evidence.

If others aren't willing to come forward, the government can't force them.

What did you mean he lied about bankruptcy?
 

Carguy22

Junior Member
Well the BBB complaint is just one of the many examples of the times he had written bad checks to people really to show they type of person and intent he had which took two months to resolve even with law enforcement to pressure him to actually pay for items he took. Items he took and people he owed not just by writing bad checks but taking money to buy items but never deliver were/are still in the tens thousands even without my claim it would be in the tens of thousands. The draft he signed said he had $75,000 wholesale in inventory and would pay back my my money plus interest if I left which I was looking for a lawyer when I got locked out. I got a default to get a wit of execution for the judgment I got by default but my lawyer talked to him and said he agreed to take out consignment items and surrender all inventory in 6 days, my lawyer went back he said he filed bankruptcy and my lawyer gives up. A few months later I talk to a bankruptcy lawyer and he never filed or payed the lawyer. My lawyer apparently never filled out the wit of execution that was also won by default so i couldn't go after the inventory that was actually still there at the time, I found out when I caught him running away with a truck load of things. The Lawyer stopped taking my calls after saying they knew he didn't file bankruptcy yet I had to contact them wondering why they did nothing.
 

FlyingRon

Senior Member
Well the BBB complaint is just one of the many examples of the times he had written bad checks to people really to show they type of person and intent
It shows nothing. It's not admissible in court and it doesn't show "intent" anyhow.

Get your lawyer, or a new lawyer, to continue to assist you in getting the judgment enforced. Getting him charged criminally isn't going to help that. Again, you have no RIGHT to have anybody criminally charged. Criminal charges are not YOU vs. HIM. It's the State of Tennessee vs. HIM. If you can't convince the state that it's a prosecutable crime and in their interest to do so, that's it.
 

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