Q: Can you file a Lawsuit for Theft by False Pretenses to a Person that lives in Roswell N.M.
Thus Person asked me to borrow Money and told me when She gets back to work She'll pay me, So b4the year was over I Asked Her When was She going to Pay me back, She told me there was Nothing in writing like a contract, There for She wasn't going to pay me back.
I have All the Receipts from Almost Everything I Sent Her.
A:
Your situation is a CIVIL matter, not criminal in nature.
You're going to have a tough time getting any of your money back without a contract or something else in writing that shows it was a loan and not a gift. Breach of an oral contract has a 2 year statute of limitations in California and you would have to sue her in New Mexico.
It's highly unlikely that any attorney licensed to practiced law in NM would take on your case unless you pay for legal services on an hourly basis which may not be be worth it unless you loaned her tens if not over 100k. Even if successful in getting a judgment against her, she may be "judgement proof" (no money in a bank, no real property, other assets, etc.) to satisfy a judgement.
Nevertheless, if you want to pursue the matter, post your question in "Civil Litigation", "Breach of Contract" sections of Justia for attorneys in NM, not California.
A:
more info would be helpful.
anyone can sue for anything at any time...but do you have proof of a loan? What you apparently have is proof you made gifts to her. You don't have a contract/agreement.
the crucial issue is, will you PREVAIL..........and will a lawyer take the case on a contingency.............my guess is that you would have to hire a lawyer on an hourly and that is not usually a positive solution. In California, an Oral Contract has a 2-year statute of limitations.........no idea what other states do. Even if you do WIN and get a judgment, will she pay or file BK?
however, you can sue in small claims. The issue would be jurisdiction. If it took place in California ...great. If not, you would have to go to that state. But small claims is probably your answer in one state or the other.
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