My question involves criminal law for the state of: Georgia USA
I am inquiring about being able to bring this situation to the DA in order to have two people charged, specifically an Elderly person that is considered as competent, but has a combative, high conflict personality and entitlement issues that can be documented by past examples, along with a Representative of Victim Assistance who assisted in accomplishing this situation.
My question is can an Elderly Person, who along with the help of a Representative of a non profit organization providing Victim Assistance, be charged with 16-5-102 Exploitation of Disabled Persons if they have created a fraudulent Court Order that is completely different from the actual decision made by the Judge and specifies the Disabled Person is ordered to pay money to the Elderly Person that they aren't entitled to recieve. Together, the pair staged a condition in Court in order to favorably cause the Judge to unknowingly sign off on a fraudulent Court Order, and then successfully filed this document with the Clerk of Courts Office, and distributed a signed copy of the document to the Disabled Person. The document was designed to intimidate the Disabled Person and specified the Disabled Person was required to pay the Elderly Person a sum of money over 1000.00 that the Elderly Person was not entitled to recieve. The actual decision made by the Court was entirely different from what is stated on the document and made no provision for any kind of money settlement for either of them. The second attempt to enforce this same fraudulent Court Order was done when the Elderly Person sent a written demand by certified mail to the Disabled Person to pay the money in 14 days or else they would use the Court to enforce the (fraudulent) Order. The third attempt was when the Representative of Victim Assistance contacted the Wife of the Disabled Person directly by phone at her place of employment inquiring when the money from the second attempt (written demand) was going to be paid to the Elderly Person. There was no transcript of the session ordered and both parties show on record representing themselves. By now, the stress was enormous for the Wife as she was in Court as well and knowing full well what the actual Judges decision was, she refused to pay any money to the Elderly Person and advised them to take them to Court if they wanted anything from the Disabled Person or herself. Shortly thereafter, the wife retired early from her job of 22 years due mostly as a result of the stress created aggravating her health issues at age 57.
The first attempt in Court was 25 months ago, the second attempt by written demand occured 22 months ago and the last attempt verbally by telephone to the Wife was 21 months ago. Although it appears presently that they have abandoned thier attempts to collect this money, the threat has become a real source of concern for the Disabled Person with frequent emotional outbursts of anger, and fear of not being able to prove the Order was created fraudulently as more time goes by.
Additionally, since the document was a Court Order and filed successfully in the Clerks Office I would like to know if they can be charged with violation of these additional statutes: 16-10-20 False Statements and Writings, Concealment of Facts, and Fraudulent Documents in Matters Within Jurisdiction of State or Political Subdivisions and 16-10-20.1 Filing of False Documents and if there is any possibility of recovering damages in a Civil Action as well.
Thanks to all your time and any suggestions would be greatly appreciated.
I am inquiring about being able to bring this situation to the DA in order to have two people charged, specifically an Elderly person that is considered as competent, but has a combative, high conflict personality and entitlement issues that can be documented by past examples, along with a Representative of Victim Assistance who assisted in accomplishing this situation.
My question is can an Elderly Person, who along with the help of a Representative of a non profit organization providing Victim Assistance, be charged with 16-5-102 Exploitation of Disabled Persons if they have created a fraudulent Court Order that is completely different from the actual decision made by the Judge and specifies the Disabled Person is ordered to pay money to the Elderly Person that they aren't entitled to recieve. Together, the pair staged a condition in Court in order to favorably cause the Judge to unknowingly sign off on a fraudulent Court Order, and then successfully filed this document with the Clerk of Courts Office, and distributed a signed copy of the document to the Disabled Person. The document was designed to intimidate the Disabled Person and specified the Disabled Person was required to pay the Elderly Person a sum of money over 1000.00 that the Elderly Person was not entitled to recieve. The actual decision made by the Court was entirely different from what is stated on the document and made no provision for any kind of money settlement for either of them. The second attempt to enforce this same fraudulent Court Order was done when the Elderly Person sent a written demand by certified mail to the Disabled Person to pay the money in 14 days or else they would use the Court to enforce the (fraudulent) Order. The third attempt was when the Representative of Victim Assistance contacted the Wife of the Disabled Person directly by phone at her place of employment inquiring when the money from the second attempt (written demand) was going to be paid to the Elderly Person. There was no transcript of the session ordered and both parties show on record representing themselves. By now, the stress was enormous for the Wife as she was in Court as well and knowing full well what the actual Judges decision was, she refused to pay any money to the Elderly Person and advised them to take them to Court if they wanted anything from the Disabled Person or herself. Shortly thereafter, the wife retired early from her job of 22 years due mostly as a result of the stress created aggravating her health issues at age 57.
The first attempt in Court was 25 months ago, the second attempt by written demand occured 22 months ago and the last attempt verbally by telephone to the Wife was 21 months ago. Although it appears presently that they have abandoned thier attempts to collect this money, the threat has become a real source of concern for the Disabled Person with frequent emotional outbursts of anger, and fear of not being able to prove the Order was created fraudulently as more time goes by.
Additionally, since the document was a Court Order and filed successfully in the Clerks Office I would like to know if they can be charged with violation of these additional statutes: 16-10-20 False Statements and Writings, Concealment of Facts, and Fraudulent Documents in Matters Within Jurisdiction of State or Political Subdivisions and 16-10-20.1 Filing of False Documents and if there is any possibility of recovering damages in a Civil Action as well.
Thanks to all your time and any suggestions would be greatly appreciated.
Fraud: Exploitation of a Disabled Person
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