A family friend works at the bank and openned an acount for me . she told me that if I gave her the money she would put it in my account for me and being a family friend I trusted her. so here and there I gave her 50$ 's and 100's and a check here and there when I had some spare cash . then i get a statement from the bank saying I only have 45$s in the bank ,wtf!!!!! my mom saw me give her the cash ,but that is the only proof I have ,so I can't take her to court . the bank won't do anything ,because she took from me not them . what can I do to get my money back ,and get her back ? no violence please ,I want to resolve this in a adult way
2007-01-11 14:26:15 · 12 answers · asked by babyphat luva 1 in Politics & Government ➔ Law & Ethics
Explain this to judgejudy.com and see if you have a case.
2007-01-11 14:34:17 · answer #1 · answered by da_hammerhead 6 · 1⤊ 0⤋
So you don't really know exactly how much money you gave her. You've learned a valuable lesson about money and family friends, could have been more expensive later on.
Is this person a friend of your mom?
If so, your mom is OBLIGATED to take care of the matter.
The family friend probably told you that the bank wouldn't do anything, Tell the friend at the bank you will talk to her boss about it, you have no proof of the cash but if you know who wrote the checks the bank can investigate those. They would not keep an employee who might steal. That may scare her into settling up with you.
2007-01-11 22:52:38 · answer #2 · answered by Ed F 3 · 0⤊ 0⤋
If your mom did "witness" these things you can take her to small claims court. Small claims court (in my state it's the Justice of the Peace) is (again my state) handles up to $5,000.
This would be a civil matter and therefore beyond a shadow of a doubt is irrelevant - that's for criminal matters. In civil trials a preponderance of evidence is heard (meaning whoever has more evidence and more material witnesses) and that preponderance of evidence is exactly what determines the verdict.
Here's a big clue: get her license plate and, if you can, her VIN number. Any other hard assets she has (home) can be considered as well.
Here's what will probably happen: she won't show up to trial. In which case you simply present your case to the judge and the judge will likely (although it's not guaranteed) decide in your favor. If you have proof of her assets (auto, home, bank accounts) the judge may award a judgement against her, in your favor, for whatever amount you present to the court.
If that happens you have to wait for her to sell (car, house) whatever to get your money but you will get your money when she sells. The court puts a lien on that physical property and awards you the proceeds upon sale thereof.
If your mom did witness some of these transactions then she should go to court with you as a material witness. Put her on the stand.
If an account was opened in your name: which I assume from your comments, then the financial institution has records of what cash was deposited and what checks were cleared through your account. That's physical evidence.
Here's the bottom line: no one will stand up for you if you fail to stand up for yourself. The real question here is what you learned from this? I hope you're still young.
If so, copy this and look back on it throughout your life. Always do all business in writing. Learn to write your own contracts. Say NO and mean it when people approach you unless they are willing to put it in writing. Even then, consider NO before Yes.
The real question you should always be asking yourself is "why is this a better idea/solution for me than simply doing this myself?"
2007-01-11 22:41:48 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You can take her to small claims court. Take your mom as a witness and copies of any checks you may have given her. You bank should be able to provide you with copies. Also,if you can get a statement of all the activity on the account she opened for you.
2007-01-11 22:32:37 · answer #4 · answered by ? 5 · 0⤊ 0⤋
it does not say if you have approached her about it. If not, then that will be your first step.
you have a witness. plus if you gave her some cheques there will be records of them at the bank when she cashed them. this should be a good start to having a case against her.
hopefully you will take this as a lesson to not ever give money to anybody without a receipt.
Good luck to you
2007-01-11 22:43:31 · answer #5 · answered by Minerva 5 · 0⤊ 0⤋
Serve first a demand letter to your family friend for the return of the amount. If no return is made, make a complaint and take the statements of witnesses then file a collection case in court.
2007-01-11 22:32:19 · answer #6 · answered by FRAGINAL, JTM 7 · 2⤊ 0⤋
Why can't you take her to court? Especially small claims court? Almost every day I handle cases in which the only witnesses are family members. Your mom is an appropriate and adequate witness. It will be a he said/she said case- but that is very common.
2007-01-11 22:30:33 · answer #7 · answered by Jen 2 · 2⤊ 0⤋
get a lawyer and sue , because if your bank statements state she put the money in your account and took it out , you can get the money back
2007-01-11 22:36:32 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You have a witness take her to small claims. Sometimes the threat of a lawsuit can bring on a settlement
2007-01-11 22:34:03 · answer #9 · answered by walter_b_marvin 5 · 0⤊ 0⤋
tell mom the real truth wheres dad so u learned a very very great lesson never let someone else count ur money
2007-01-11 22:29:54 · answer #10 · answered by sunshine 5 · 1⤊ 0⤋
Hold on a second.........
FIRST...did you ask this family friend about this? Talk to her before you do anything and see what she says...........or have you done this already and haven't mentioned that to us? If you talked to her....what did she say?
Talk to this woman first. There may be an explanation.
***
2007-01-11 22:41:38 · answer #11 · answered by Joey Bagadonuts 6 · 1⤊ 0⤋