I gave $20,000 to a friend to buy me a car. He ghosted me. I called the police. What are my options?
Dear Quentin,
I believed a “friend” who convinced me to give him $20,000 by promising he would buy a car for me and my wife. I knew this guy. We met several times in person and he explained to me that once I gave him the money, I could trust him.
This happened in March 2021. I contacted the police and gave them everything I knew about this guy: his address, phone number and email. The guy lives in another state, so finding a lawyer is difficult, but not impossible – just expensive.
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The guy has ghosted me ever since and hasn’t responded to texts or emails. To top it all off, I have no real proof – only one witness who was also scammed. Most of my evidence is in text messages with T-Mobile and for legal reasons they can’t give me a copy of our texts.
I feel stupid. I need every penny to retire and I just want my money back.
Scammed in California
Related: “He burst into tears”: I gave my contractor $100,000, but he used it to pay off his debts. What chance do I have of getting my money back?
Dear Scammed,
When it comes to “friends” and business partners, cash is not king.
In an ideal world, trust someone Before you give them money and, whether it’s business or personal, you always get a receipt. If it is a loan, you must sign a notarized loan contract. If none of the above occurs, the recipient can simply pretend it is a gift.
In California, “theft by false pretenses” involves a party taking your property either by lying to you or making a false promise. “The fact is that ‘false pretenses’ constitute a theft crime, just like shoplifting or grand theft automobile,” according to the Shouse California Law Group.
“If you are charged with this crime, you face the same penalties as someone charged with one of these more conventional types of theft,” the law firm adds. But proving that can be notoriously difficult — that is, assuming you can even track it down.
You can threaten to go to the district attorney’s office or the Better Business Bureau, in addition to the police, if they don’t refund your money. Send him a registered letter that establishes a firm deadline and what you will do, as noted above, if he fails to meet it.
The hard truth
The hard truth is that this money is probably gone. Without a receipt, it’s your word against his. If you are 65 years of age or older, their actions could be considered elder abuse, defined as the physical or emotional abuse, neglect, or financial exploitation of a person 65 years of age or older.
In California, elder abuse is punishable either as a misdemeanor, punishable by up to one year in prison, or as a felony, punishable by up to four years in prison in the state. A financial crime is defined as theft, fraud or embezzlement.
What if it was an electronic transfer? You can compile your “documentary evidence,” which refers to any written or recorded material relevant to the alleged crime, according to the Law Offices of Mark M. Childress, a law firm with offices in Texas.
High legal costs
“This may include items such as receipts, invoices, bank statements, contracts, etc.,” the law firm explains. “This evidence helps establish ownership or prove financial transactions related to the stolen property…The documents help establish a clear timeline of events.” »
If you gave this person $20,000 in cash, it would be extremely difficult to prove that it was not a gift or, in fact, that you gave them the money. It could be his word against yours, and a reputable attorney will tell you if it’s worth pursuing the case.
It’s a lot of money, but it could cost you so much in legal fees once you’re done that it’s not worth it. Hiring a lawyer to help you fight this case could cost between $250 and $800 an hour, or between $5,000 and $25,000 in a fraud case.
Your case is too large to file in small claims court, and hiring an attorney could end up costing you thousands of dollars in legal fees. You are therefore stuck between a rock (the stolen money) and a hard place (the cost of the procedure). you to bring this person to justice).
Do you want to experience all this for $20,000?
Previous columns by Quentin Fottrell:
“I have a modest Roth IRA that hasn’t worked out well”: My wife and I are savers and are happy to drive old cars. Where should we invest $15,000?
Are they cheap? I’m going on a trip with two friends for Memorial Day. I spend $90 on gas and neither offered to chip in. What should I do ?
“He intends to bleed me dry”: my husband turned into a monster after our marriage. I own a $1.3 million house. How to save my finances?
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