Last few questions Fred, and thank you so much for your help thus far. My situation feels somewhat desperate, but its a breath of fresh air speaking with you.
(4) I left messages for about 9 attorneys that i pulled off the internet. 2 called back - i told them the above, and none of them called back. Anything hopeless about this case?
NO, TO THE CONTRARY, THIS IS A VERY CLEAR CASE. I DON'T KNOW WHY THEY DIDN'T RETURN YOUR CALLS. I WOULD CONTINUE CONTACTING OTHER ATTORNEYS TILL YOU GET ONE.
(5) You didn't address the question re: Approx costs (range) in getting the matter to court? ... a range would be fine.
THIS IS FAIRLY SIMPLE LITIGATION - THEY STOLE YOUR MONIES SO THERE ISN'T THE NEED FOR ALOT OF ONGOING LITIGATION. I WOULD THINK THAT THE TOTALCOST THROUGH TRIAL WOULD BE $5K AT THE VERY MAXIMUM - BUT THAT'S RECOVERABLE FROM THEM.
(6) If they have no assets i.e. they claimed the business account was frozen due to the owner going through divorce - is it possible that such a matter can freeze a business account?
YES, THEIR ACCOUNTS CAN BE FROZEN BUT YOUR MONIES SHOULD HAVE BEEN PLACED IN AN ESCROW ACCOUNT BECAUSE IT WASN'T THEIR MONIES. SO THAT'S WRONGFUL BUSINESS PRACTICE OR A LIE ON THEIR PART.
(7) If they have no assets currently, can the courts force them to pay over time? i.e. if the owner goes to jail, how would i get my money back.
AS PART OF THEIR PROBATION THEY WOULD HAVE TO PAY YOU BACK - THEY WOULDN'T GET OFF PROBATION AND WOULD HAVE CONTINUING CRIMINAL SENTENCING IF THEY DIDN'T PAY YOU BACK.
IF CRIMINALY CONVICTED EVEN IF ONLY A MISDEMEANOR - THE CRIMINAL COURT WOULD OVERSEE AND MANDATE THAT THEY PAY YOU BACK MOST CERTAINLY.
ACTUALLY, THIS IS A CRIMINAL MATTER - THE DA SHOULD BE PURSUING THIS AND THERE SHOULD BE NO PROBLEM GETTING YOUR MONEY BACK. MOREOVER, THEY CAN'T EVEN DISCHARGE THE DEBT THROUGH BANKRUPTCY - THEFT AND FRAUD (CRIMINAL OR CIVIL) ARE NOT DISCHARGEABLE DEBTS IN BANKRUPTCY.
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