NEEDING ATTY/LAWYER ADVICE

[Kay of Houston]

No I don't know his actual address now just know where he works. or so he says. That's probably a lie. although one day he did show up here in a uniform.

I have a police record
I have med/bills from when I was in the hospital
I have all the texts saying he was going to pay me back; which in my mind is a admission of guilt.

Hell, my brothers wont really talk to me now cuz for some reason they see this as my fault.

[boardman]

Originally Posted by Lucas McCain

It doesn't matter if she takes him to court and gets a judgement against him. He has no money to pay her anything. It's just a waste of her time and money if she goes that route. A lawyer is not going to take her case for a contingecy fee, so she will have to pay him or her their hourly rate which will ultimately end up costing her more than what that bum actually owes her... who cares about winning a judgement against someone who can't pay any of it? That money is gone for good and there is no need to waste money to try to get money that you will never get back.

Exactly, and to expand on that, getting a judgement means you have to get it enforced. The judge isn't going to sit there while he writes her a check because he likely doesn't have the cash to do that. So, someone has to do discovery to find out he probably doesn't have anything worth taking to satisfy the judgement. If he does happen to have something you have to get it relinquished which may require another judgment, repos, auction(s). The process can take years. Too much invested for too little payoff if any.

[Kay of Houston]

I know who it is
talked to the bank. Nothing. I did take care of him. He didn't have money after he came out the hospital. But to take from me after I took care of him.

For what he did 10 years

[boardman]

Originally Posted by Kay of Houston

No I don't know his actual address now just know where he works. or so he says. That's probably a lie. although one day he did show up here in a uniform.

I have a police record
I have med/bills from when I was in the hospital
I have all the texts saying he was going to pay me back; which in my mind is a admission of guilt.

Hell, my brothers wont really talk to me now cuz for some reason they see this as my fault.

Kay,
It's not your fault the guy is a loser but you have to take responsibility for trusting a loser.


I don't know you or your brothers but I can tell you I have a niece that gets herself into trouble and creates family drama over it that isn't necessary, isn't productive to her and most of the family is just tired of hearing about it because they know she brings it on herself. The constant bitching and complaining about how her family doesn't support her is the reason I rarely talk to her. I'm not saying you're causing drama but maybe your brothers know what Lucas and I are trying to explain to you and they're just tired of it.

[Kay of Houston]

You all are right. This wasn't a Fling. I trusted him. No reason that I had for concern. Now seeing why the other provider left him at the VA hospital.

Should of listened to my Atty.

[Kay of Houston]

I understand your point. It was my bad for ever letting him use my card. at the times I was really sick, i'm not talking just sniffles, yes I did give him my card I don't want no one coming back on me for this or that. I did not authorize the hospital staff to give him my purse. I was totally incoherent

[Chlorine]

Originally Posted by Kay of Houston

Now seeing why the other provider left him at the VA hospital.

Should of listened to my Atty.

He only date providers?

[Kay of Houston]

I don't know but I do know he got her started. Most of her pics are ones he took.

[Lucas McCain]

Don't beat yourself up too much. Some people whom you think you can trust show their true colors when it comes to taking money from you.

[3Sum]

Here’s my nickel worth. Bank did nothing wrong so you will not get any refund. Hospital did nothing wrong so you will not get anything from them. If you hire a lawyer, you’ll be funding those scumbags for noting. That’s right I said it, lawyers are bunch of scumbags, nice ones are worthless, and the scumbags are the best ones to have. Hence, layers are scumbags.

Only thing you can do is file a lawsuit in civil court or small claims court and go after him (the dude who took your money) that way. After all is said and done, your chance getting back your money is very slim, if he has no assets. Good luck.

[Guest042522]

The bank isn't liable because this is a withdrawal and not a fraudulent debit card charge. The hospital isn't liable, they didn't give your property to a stranger and their actions didn't cause the withdrawal, you giving him the PIN did. But that doesn't change the fact that he stole your money and that is a felony.

Stick with the police route for now. It's amazing how some people can come up with money when facing a felony charge and a prison term. Your facts aren't the best, but they may scare him into giving you something to avoid a conviction. The police should at least talk to him even if they don't arrest him. Be sure to keep following up with them, because this is not going to be a high priority for them, but they are obligated to follow through with your report/complaint.

Regardless of whether or not the police arrest him or the DA accepts the charge, you should still file a Justice Court Suit. The amount is capped at $10,000, but it is a relatively simple process and you will likely get a judgment against him. Like others mentioned, collecting is a different thing and he probably is broke since he stole from you. However, you never know when he might inherit something or own something that you can put a lien on and at least fuck with him a bit.

Good luck to you. Sorry this happened, you didn't deserve it.

[mrribbon]

Originally Posted by 3Sum

Here’s my nickel worth. Bank did nothing wrong so you will not get any refund. Hospital did nothing wrong so you will not get anything from them. If you hire a lawyer, you’ll be funding those scumbags for noting. That’s right I said it, lawyers are bunch of scumbags, nice ones are worthless, and the scumbags are the best ones to have. Hence, layers are scumbags.

Only thing you can do is file a lawsuit in civil court or small claims court and go after him (the dude who took your money) that way. After all is said and done, your chance getting back your money is very slim, if he has no assets. Good luck.

I don't agree that the hospital did nothing wrong; if they released personal articles to someone they have a responsibility to establish a valid relationship between the patient and person and document that - they may not have done either.

No problem with the lawyers are scum part. Or that the bank hasn't done anything wrong.

However, if I read the website below from the FTC correctly, as long as the loss/theft of the debit card is reported within 60 days, liability is capped at $500. I'm not a lawyer or expert, but it certainly doesn't seem in the banks best interest to mention this or be honest about it to the victim. There is nothing here that says you have to keep your PIN secret to limit liability. (Obviously, it's a terrible idea to ever share your PIN, as victim has learned).

https://www.consumer.ftc.gov/article...nd-debit-cards

[boardman]

I was totally wrong Kay. Go ahead and put yourself through another several months of emotional frustrations so that you can get a judgement on the off chance the guy has a rich uncle that leaves him a little something that you can fuck with him about in several years...for several years.

[Lucas McCain]

Why are we not discussing the obvious? The OP is not coming in with "clean hands". I'm sure he knows what she does for a living. Does she pay taxes? What does she file as employment? Why does she pay in cash and doesn't have a credit card at her age? Who knows? Houston is rather conservative. I'd definitely leave this shit alone and move along if I was the OP.

As a CPA, I'm telling you folks that some of you are really giving her a lot of bad advice. She has neither detailed her settlement nor divulged anything further about it... that's all of the free advice I'll be giving for the month

[Kay of Houston]

Originally Posted by Lucas McCain

Why are we not discussing the obvious? The OP is not coming in with "clean hands". I'm sure he knows what she does for a living. Does she pay taxes? What does she file as employment? Why does she pay in cash and doesn't have a credit card at her age? Who knows? Houston is rather conservative. I'd definitely leave this shit alone and move along if I was the OP.

As a CPA, I'm telling you folks that some of you are really giving her a lot of bad advice. She has neither detailed her settlement nor divulged anything further about it... that's all of the free advice I'll be giving for the month

For the most part you are correct. Yes he does know what I do. Its not a issue for him. Never has been. He actually at some point would post my ads. Yes I just have to cut my losses and move on. As far as taxes and what not, I do make and sell scented candles. Yes I do use cash but I also do have credit cards. Just going to put my tail between my legs and move on.

As far as the settlement my finger got cut off by a faulty steel door at the first knuckle. The settlement barely covered my out of pocket expenses. Everything had to be paid at the time of service.

Thanks for everyone's input.