Relative using relative to defraud another relative
March 2019 my 46 year old son lost is wife in a car accident.
May 2020 a single female cousin, same age as our son (not blood related), who is estranged from her parents and most relatives due to poor behavior, suddenly appears out of the blue and contacts our son and strikes up a friendship.
She invites son out for dinner outing to talk about old times as children growing up and tells son how much she enjoyed being closer to son than any of the other cousins. On first outing she invites son to see her new apartment. Cousin also, begins a running conversation with sons parents about how wonderful it is that son and cousin have found each other and how thrilled cousin is with her renewed friendship with son.
A week or two later female cousin invites son to go on picnic and go fishing and invites son back to her apartment. This time suggesting our son move in with her and share expenses. Son turns her down because he is living with a daughter who needs help with her rent and kids. More schmoozing continues to flow from cousin to sons parents.
More outings are arranged by cousin and cousin continues to encourage son to move in and share apartment. Son also learns that female cousin has been on workman's comp from a job-related leg injury for several months and is behind on bills and rent. Son continues to turn down her invitation to move in. By this time only a few weeks had passed since cousins first contact with son. Cousin informs sons parents about how good son is for cousin and cousin is for son.
Cousin continues to make outing arrangements with son, only now she begins turning this friendship into a romantic relationship. After only about a month she turns this friendship into a romantic relationship and finally convinces son to move in with her.
Son moves in and begins helping her get caught up on past due bills.
About two weeks later sons parents see a Face Book photo of ring-on-hand and engagement announcement.
Two weeks later our son calls us to announce that an eviction notice was found taped to the door of cousins apartment announcing that she had three days to pay $1,300.00 in back rent or be evicted. Cousin told our son that she could tap her 401K to pay the back rent, but that would not work because it would take longer than 3 days to process the 401K paperwork. Sobbing and in a panic she asked son if his parents would lend them the money and she would reimburse sons parents when she received the $1,300.00 from her 401K. Son told cousin that his elderly parents would in no way lend money, but cousin kept insisting that son talk to parents.
Son finally caved under cousins insistence and called sons parents and told the parents about the eviction notice, the three day deadline and the problem that the 401K money would not arrive soon enough. Son asked to borrow the $1,300.00 and told parents the money would be reimbursed when cousin taps her 401K account which should take only two or three weeks, a month at the most.
Reluctantly, parents did not want their now engaged son and niece to be evicted and now felt a really close newly revived relationship with niece and felt fully confident that she would follow through with her 401K money. As a result, parents of son agreed to send a Cashiers Check for the amount, but made it clear that the stipulation is that it be paid back with the 401K money.
Parents provided a Cashiers Check made out to son and and son reported that he signed the check over to cousin and son witnessed her deposit the check into her checking account so that she could make an electronic payment on the back rent.
Son said he did witness her make that transaction via computer.
Seven days later cousin dumps son saying she did not want to be engaged, claims she is a raging alcoholic and wants him out of her apartment. This entire event, from initial contact, to... get out of my house, took place in a span of 2-1/2 to 3 months.
After writing two letters demanding the money, I have yet to see any money from her 401K. Niece was fully aware of the conditions of this loan but keeps changing the subject and confusing the issue stating that our son owed her. I reminded her that the money helped her keep her apartment came from me and the Cashier's check does have a paper trail from my bank to her bank account when she deposited it in her bank.
The debt is between sons parents and niece. Son has nothing to do with it. And in reality son paid many of her back bills during the time he was with her.
Hind-site and this very short time frame, to me, screams "Fraud". Everyone I tell this story to immediately responds that this was craftily planned from the very git-go. This girl knew full well that this eviction notice was to be expected and she was in dire straights financially. She makes excellent money when she is working, but she probably drinks it. She basically developed a slick and wonderful relationship and used our son to get us. After she got what she needed she dumped us all like rock.
I am now at a point where I don't know what to do. We have been warned that this niece does have a sever drinking problem and is very vengeful and unpredictable. She is the type that if challenged might do something like call the police on you and make up charges just to get back at you.
On the other hand, I feel that a crime has been committed here and don't feel that she should just be let off the hook and allow her to just get by with this?
Should I threaten her with small claims court, or threaten to report this to the police?
Or, should I just chalk it up to being a costly lesson learned and just forget it for fear of what possible hell she could do to my wife and myself if I do pursue the issue?
We see all the time where vindictive people make false legal claims against innocent people only cause years of financial and mental grief on people. We fear this girl is quite capable of doing this kind of thing.
Would appreciate all the advice we can get. We feel so victimized in this.
Thank you.
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