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Anonymous #1

Need a little direction regarding a fraud case
    #13211413 - 09/17/10 08:19 PM (13 years, 7 months ago)

Where can I find information regarding fraud laws in Georgia?

I know that there are five elements needed to prove fraud but I can't remember exactly what they are.

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InvisibleJohn
ssdp.org


Registered: 08/08/03
Posts: 7,026
Loc: Vancouver, B.C.
Re: Need a little direction regarding a fraud case [Re: Anonymous #1]
    #13211643 - 09/17/10 09:10 PM (13 years, 7 months ago)

what did you do!


--------------------
There's a thin line between sanity and insanity... and I just snorted it.

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Anonymous #1

Re: Need a little direction regarding a fraud case [Re: John]
    #13211713 - 09/17/10 09:27 PM (13 years, 7 months ago)

I am being sued by my mother in law for "past rent and car insurance premiums".

I never agreed to pay for any insurance premiums for a vehicle that was in her name.

As for the rent, well that's where it gets a little fucked up.

I moved into my mother in law's house with a verbal agreement of $600.00 a month.

Just a month later my mother in law quitclaim deeded the house to my girlfriend without telling us.

We got married a month later.

Mother in law suggested that she file our tax returns and keep the money to go towards the $600/mo. rent.

She told us they we were receiving several thousand dollars less than what she really received. She also provided us a false tax return claiming to have filed it with the IRS.

She then quitclaim deeded the house to herself. I went down to the deeds and records office to take a look. It turns out that she forged my wife's signature as the Granter, signed her name as both the grantee and the notary public. She then took out a second mortgage on the home but that's a felony that has nothing to do with my case so I won't elaborate on it too much. The point is, my wife legally owns the house to date.

(all this happened over a 23 month period)

I'm countersuing her for:

Conveyance because she led me to believe that she owned the home while receiving rent from me,

Fraud. The misrepresentation of my tax returns and providing me with false documents leading me to believe otherwise.

Measure of damage: the difference between the amount that she claimed to receive and what she actually received for my tax returns.

I'm being sued for $6,995.00 and counterclaiming for $13,197.00

Evidence:

  • Plaintiff's personal bank account records showing all deposits from the IRS with my social attached

  • deed records showing the transfer into my wife's name.

  • forged deed where she tried to sell it to herself

  • previous tax returns that she filed correctly

  • fraudulent tax returns that she typed up to mislead me


And she has no idea that I have any of these documents.

Edited by Anonymous (09/17/10 09:36 PM)

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Invisibleyutaka
Registered: 06/12/10
Posts: 544
Re: Need a little direction regarding a fraud case [Re: Anonymous #1]
    #13211855 - 09/17/10 09:58 PM (13 years, 7 months ago)

I wish you the best of luck.

I'm sorry that your 'family' would do that to you.

Good luck, keep us posted!

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Anonymous #1

Re: Need a little direction regarding a fraud case [Re: yutaka]
    #13221684 - 09/20/10 08:16 AM (13 years, 7 months ago)

I'm going to be submitting my answer and counterclaim this week. This is what I have so far. (I'm going to omit the evidence for security reasons but it consists of quitclaim deeds, false tax returns, accurate tax returns from a previous year, and plaintiff's bank account records showing all deposits by IRS.)

ANSWER AND COUNTERCLAIM


ANSWER


COMES NOW ******, herein after called “Defendant,” submitting his Answer and Counterclaim in the above styled action denying that any rental payments or vehicle insurance premiums are due, showing this honorable Court as follows:
1.
Defendant moved into Plaintiff’s house with girlfriend located at ******, on or about November 6, 2006 and moved out on or about October 7, 2008.
2.
Defendant acknowledges that he was informed that there was a verbal rental agreement between Plaintiff and his girlfriend for the above said property in the amount of six hundred dollars ($600.00) per month.
3.
On or about February 2007, per the request of Plaintiff, Defendant states that rental payments were made via income tax refunds annually directly into Plaintiff’s bank account for both he and his wife (married on January 20, 2007) in order to cover the six hundred ($600.00) per month rent. 
4.
Both Defendant and wife made payments via these tax returns for a twenty three (23) month period of residence totaling in the amount of twenty five thousand eight hundred and sixty dollars ($25,860.00).  Please see Plaintiff’s bank account records highlighting these deposits, attached hereto as “Exhibit A-1, A-2, A-3, A-4, A-5, and A-6.”
5.
Defendant has no knowledge of the Plaintiff ever maintaining an insurance policy to which Defendant was a policy member.  Additionally, Defendant did not agree to pay for any insurance to a vehicle titled in Plaintiff’s name.





COUNTERCLAIM


Defendant brings forth a Counterclaim against Plaintiff for monies due by Plaintiff for Conversion, Fraud, and Measure of Damage showing this honorable Court as follows:
1.
Unknown to Defendant, Plaintiff converted said property via Quitclaim Deed to Defendant’s wife and his wife’s brother (***names***) on December 28, 2006, attached hereto as “Exhibit B,” therefore voiding any verbal rental agreement between Plaintiff and Defendant and relinquishing Plaintiff’s rights to any rental income.  Therefore, Defendant requests full repayment of all rent wrongfully paid by Defendant to Plaintiff in the amount of eleven thousand two hundred thirty six dollars ($11,236).
2.
Additionally, in this case, the verbal rental agreement was between Plaintiff and Defendant’s girlfriend. At no point did Plaintiff discuss the essential contractual terms with Defendant; the terms were not specifically precise as to when rental payments were to be made or through what avenue they were to be expected; nor were they set in stone as to if or when the rentable amount was to be amended in the future; therefore making this an unenforceable rental agreement. 
3.
Plaintiff fraudulently informed Defendant of information regarding his income tax return for the fiscal year ending 2008, showing the following:
a. Plaintiff was justifiably reliable in preparing Defendant’s previous year’s tax returns delivering complete and actually filed income tax returns. Attached hereto, please find the fiscal year 2007 tax return as prepared by Plaintiff and delivered to Defendant as “Exhibit C.” 
b. Plaintiff made false representations to Defendant regarding the actual amount of income tax refund she received from the Defendant’s fiscal year 2008 tax return.  Plaintiff provided Defendant with a copy of the tax return for the fiscal year ending 2008 which she claimed to be complete and filed with the federal Internal Revenue Service, attached hereto as “Exhibit D," showing that an amount of one thousand one hundred eighty eight ($1,188.00) dollars was refunded to her. In actuality, and supported by the bank statement attached in “Exhibit A-6” please see the amount refunded to Plaintiff for Defendant’s tax refund in the amount of  three thousand one hundred forty nine dollars ($3,149.00).
c. Plaintiff delivered an inaccurate income tax return to Defendant with working knowledge that it was both incomplete and not the actual version of income tax return she had filed with the federal Internal Revenue Service.
d. Plaintiff delivered this inaccurate income tax return from the fiscal year 2008 to Defendant to induce non action by Defendant.  Plaintiff intentionally and knowingly delivered this false return with the intention that Defendant would not speculate any overpayment on his portion of rent, which she claimed was due to her.
4.
Due to Plaintiff’s fraudulent actions, Defendant requests full payment for Measure of Damage noting that Plaintiff misrepresented the amount she claimed to be refunded versus the amount she was actually refunded for the 2008 fiscal year tax return, with the difference between the two tax refunds in the amount of one thousand nine hundred sixty one dollars ($1,961.00).

Total counterclaim: $13,197.00

RESPECTFULLY SUBMITTED, this ____ day of ______________, 2010.

Edited by Anonymous (09/20/10 08:31 AM)

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Anonymous #1

Re: Need a little direction regarding a fraud case [Re: Anonymous #1]
    #13221710 - 09/20/10 08:29 AM (13 years, 7 months ago)

So far, the Plaintiff and I will be representing ourselves in this case.

Everything you see here was written by me with some input from several different attorneys. None of this final draft has been viewed by an attorney as of yet.

Please let me know if you have any helpful suggestions.

I'll keep this thread up to date as things progress.

:sun:

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