Harwich, MA asked in Criminal Law for Massachusetts

Q: Over 1 year of tenancy, my room mate has embezzled $13,600.00 from me. Bills were not paid. He spent all of it. Help!

I have already broken down all of the financials down to the cent. I have receipts for everything and multiple written admissions of guilt from him. When I figured it out, he abandoned the property, and we are about to be evicted. I’m going broke paying double. His millionaire father co-signed for the lease on his behalf, and refuses to pay the property management company for the many months of unpaid rent, or the 5k extra I paid on top of rent and bills. I was lied to about bill amounts, so he could get even more money. I have found a 5k overpayment after combing the bills and transfers. I had plans to purchase a house last month, and now cannot because of the situation. And was already sitting on debt from my divorce. I work an hour away from this house, at my dream job, and I can no longer even afford gas back and forth without borrowing from my next paycheck. It’s been months. I don’t even know how to press charges. Single mom. Newly divorced. Really need some help or advice.

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1 Lawyer Answer
Dakota Martin
Dakota Martin
Answered
  • Criminal Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: You could go to the district or municipal court near the house and file a private criminal complaint. The clerk will give you a form where you can write the facts you posted on Justia, maybe with a few more details/dates etc. The court will send a notice of a clerks hearing to this guy . You both show up and tell your story. This seems like a waste of time. Why would you want criminal charges? You just want your money back, not to have to pay double bills and to move on. Well if you get the right clerk, he or she will coax him to pay you. He might be able to avoid a criminal record and you are made whole. Alternatively you could file a civil suit but that takes time and money. Remember you are not precluded from filing a civil suit after you file criminal charges. You are a sympathetic person and the court will want to help you. Small claims? Don't waste your time yet. I hope that helps.

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