Thursday, August 4, 2016

Can I sue a Bank for Negligence or Press Criminal Charges for Identity / Asset Theft? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Are grounds for suit against Capital One for negligence? Are criminal charges possible against ex-wife for identity asset theft? During pending divorce (11 mos. after petition), estranged wife contacted Capital One Bank and liquidated a CD meant for retirement worth a mature value of $180,000 for $137,500 even though only listed as payable upon death. Ex wife changed my address to her address in South Carolina where she resides & wire transfered funds to her bank account in SC without consent. My residence is and was at the time of unauthorized transfer in Florida. Capital One denies all responsibility for fraud and lack of security. Never contacted by bank for confirmation, verification of transfer via email, phone, etc. Maryland family court judge refused to acknowledge during trial.

A:  Chosen as "Best Answer" by Asker on


Lawyer agrees


Best Answer
chosen by asker
Answered Q: Are grounds for suit against Capital One for negligence?

A: Can I sue _______" is not a criminal defense question; It is a civil law question. Last I checked this was still America, and in America you can sue pretty much anyone for pretty much anything. Whether or not a) you can find a lawyer to sign her / his name to the paperwork, b) your lawsuit survives a motion for summary judgment / to dismiss, c) you get a favorable judgment, d) your defendant is collectable or e) you ever see a dime is both beyond my ability to predict and is anyone's guess. If you want to increase your odds at getting a competent answer then you should repost this question and list "lawsuits and disputes" and not "criminal defense" as a practice area. In fact, I will do this for you....

Q: Are criminal charges possible against ex-wife for identity asset theft?

A: Almost anything is possible. Probability is another matter entirely. If you think that you have been criminally victimized then call the cops. They will either take a report or not (advising that it is a "civil matter". If you still feel that you wish to pursue criminal charges then you should be aware that in Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute (see: Chapter 960 Florida Statutes). Still, in Florida, the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim's Right's Advocate.

Again, no one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim's rights advocate pursuing your agenda. Many criminal defense lawyers serve as effective victim's rights advocates.

I hope that I have been helpful in answering your questions.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less

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Posted 10 minutes ago.
Mr Haber took the time to answer my question and answer my email. He also referred me and his very professional assistance online is appreciated.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted less than a minute ago.
Thank you for the +++ feedback. I appreciate that every but as much as you did my effort.

Wishing you the best (and hoping that you will let me know how things shake out in the end)!

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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