Is this a legit lawsuit(25,000)

**lemart5** · 03-03-11, 10:23 PM

Yes he can file fraud with the bank also he can file a police report for theft if he knows who it is.Also if the bank does not correct the error he can sue the friend for punitive damages at or above that $25,000 amount Mr Garcia.

**iifold** · 03-03-11, 10:24 PM

you stayed in touch with patty

**FourLengthsClear** · 03-03-11, 10:27 PM

No case. Acknowledgment that the card details were given freely in the first instance means that you/he is fukked.

**UntilTheNDofTimE** · 03-03-11, 10:27 PM

No im
Not involved

**UntilTheNDofTimE** · 03-03-11, 10:30 PM

The kid who did this makes patty look like a angel

**iifold** · 03-03-11, 10:37 PM

Originally posted by UntilTheNDofTimE

The kid who did this makes patty look like a angel

im just fukkin around, your a sharp kid..

keep grinding, stay away from sports and low lifes...

**OMGRandyJackson** · 03-03-11, 10:42 PM

Here is the thing friend 1 KNOWINGLY gave his CC details to friend 2 for 6k. Friend 2 then used the card for an additional 19k. AT THIS POINT Friend 1 could have filed numerous charges of theft, fraud etc. etc. However Friend 1 decided to allow the transaction. Friend 2 then stiffs friend 1 in the total 25k owing.

Friend 1 can prove that friend 2 said he would pay the 25k back, then friend 1 can sue friend 2. If friend 1 cannot prove friend 2 said he would pay back, then friend 1 is basically fukked.

Hilarious though that friend 1 realized that friend 2 owed numerous friends and family money and STILL thought it was a good idea to give him money.

Friend 1 is a tool.

**UntilTheNDofTimE** · 03-03-11, 10:52 PM

Ill post a few pages if convo later

**GOIRISH** · 03-03-11, 11:04 PM

holy shit people that loan internet friends 25 gs , should probably step away from the computer and get some fresh air and get out of the house more often

**ouman101** · 03-03-11, 11:12 PM

I still think the first guy can sue the person who stole 19K without permission. Even though he didn't deny the claims on his CC, if friend 2 admits to depositing more money. They there might be a case. You don't necessarily have to have a signed contract for friend 2 to be obligated to pay the guy his money back.

**excel** · 03-03-11, 11:22 PM

Yes, tell him you'll lend him more money if he signs a promissory note(consult a lawyer,may be different for your state) or some type of loan document promising to pay back the old money & new loan. Basically you have to trick him into signing something or you're screwed.

I learned that from judge judy.

**OMGRandyJackson** · 03-03-11, 11:33 PM

Originally posted by ouman101

I still think the first guy can sue the person who stole 19K without permission. Even though he didn't deny the claims on his CC, if friend 2 admits to depositing more money. They there might be a case. You don't necessarily have to have a signed contract for friend 2 to be obligated to pay the guy his money back.

Here is the thing though, Friend 1 found out that friend 2 deposited an unauthorized amount of 19k. Friend 1 at this point should have called the bank alerted them, done a charge back or what ever the processes is and then proceeded with legal action if necessary to regain the 19k. INSTEAD Friend 1 allowed the additional 19k.

Friend 1 can try and sue for the 25k owed but he will be unable to say the 19k was taken unauthorized at this point.

Basic summary: Friend 1 is a fukking idiot. Friend 1 saw EVERY SINGLE aspect that this guy was a degen loser and not to mention a fukking internet friend.

This story belongs on 2+2

**OMGRandyJackson** · 03-03-11, 11:36 PM

Originally posted by ouman101

I still think the first guy can sue the person who stole 19K without permission. Even though he didn't deny the claims on his CC, if friend 2 admits to depositing more money. They there might be a case. You don't necessarily have to have a signed contract for friend 2 to be obligated to pay the guy his money back.

You can try but then it comes down to a he said she said thing. Not to mention a contract is only a contract when two services are exchanged. A free loan to someone who promises to repay you is not a contract period. It is something else (cannot remember name) and I think verbal contract law would not apply.

The basic rule is if you are lending money to someone, ALWAYS fill out some sort of paper work.

**sapidoc** · 03-03-11, 11:42 PM

still trying to figure out if OP is friend 1 or friend 2

**UntilTheNDofTimE** · 03-04-11, 12:04 AM

Originally posted by sapidoc

still trying to figure out if OP is friend 1 or friend 2

When i get off wrk in 5 hours ill post convos i had h the personwho lent the money telling him he needed to sue. This proving im 3rd part. Im not stupid nor a low life. I work 10 hours a day n play poker 6 hours thereafter. I dont have much time for online activities nemore.

**UntilTheNDofTimE** · 03-04-11, 12:15 AM

**UntilTheNDofTimE** · 03-04-11, 12:18 AM

**UntilTheNDofTimE** · 03-04-11, 12:20 AM

**OMGRandyJackson** · 03-04-11, 12:22 AM

BOOM! Smoking GUN! That right there is how you can get him. If friend 1 has restricted friend 2 from accessing the account or what ever it is and friend 2 is still trying, you have a lawsuit. Friend 1 needs to prove friend 2 is trying to use the account.

**Shortstop** · 03-04-11, 12:23 AM

TIMER!!!!!

**KKoz9** · 03-04-11, 08:56 AM

You can sue all you want but if he doesn't have the ability to pay or any property to attach a judgment to, then there's no point anyway...you know he owes you money, a piece of paper saying so isn't going to help anything

**Boner_18** · 03-04-11, 10:12 AM

Of course there is a suit. Are there a lot of ins outs and whathaveyous sure, but based on the facts provided you should be able to obtain judgement for the 25k.

No punative damages here. Perhaps interest and costs but no additional amount just to punish the borrower.

Lastly, Kkoz is 100% correct. If there is nothing there, and never will be, the borrower is judgmentproof. You'll spend 10k on legal fees to collect 7k worth of shit and still be out 27k total. Might be better off getting what you can amicably.

*** none of the above statements constitutes legal advice ***