Full question:
my daughter ripped me off by 7000.00 signing contracts, and promising to pay me off with student loan and income tax. now she is going to file bankrupcy and put me down as a debtor. she deceived me and will cause me to file bankrupcy. what is my legal recourse? isn't this theft by deception?
- Category: Criminal
- Date:
- State: Georgia
Answer:
Your legal options depend on the specific circumstances, including whether your signature was forged. You may be able to challenge the discharge of the debt in bankruptcy court.
Fraud is defined as an intentional misrepresentation of a material fact made by one person to another, knowing it to be false, and intended to induce the other person to act, resulting in injury or damage. Fraud can also occur through omissions that mislead others. To prove fraud, you must show that the misrepresentation or omission was about an existing fact, not just a future promise, unless the person had no intention of fulfilling that promise at the time it was made.
For a claim of fraud, you need to demonstrate that you relied on the false information and suffered harm as a result. Damages may include punitive damages if the fraud was malicious.
In Georgia, theft by deception occurs when someone obtains property through deceitful means with the intent to deprive the owner of that property (Ga. Code Ann. § 16-8-3). Additionally, theft by conversion happens when someone lawfully obtains property but then uses it contrary to the agreement (Ga. Code Ann. § 16-8-4).
Consult a legal professional for advice tailored to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.