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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3426
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Not sure if this is a criminal quessstion or not but here goes.

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Not sure if this is a criminal quessstion or not but here goes. My son and I had a very small screen printing business together. In January of this year, due to family issues (divorce), he disolved the business saying he could not longer work with me. At that time he closed the business bank accounts and took the money, approx 2200.00. He also took the business computer, large format printer a few other things. We had borrowed 2500.00 from a friend to purchase a new printing machine. That check was not completed with a payee because the business we were purchasing it from had the machine on consignment and wasn't sure if he wanted to run the sale through his business or pay the consignee directly. My son picked the check up and wrote his name on the check and cashed it. I was granted a divorce in April and was given all of the business assets. In June I discovered that my son had taken the equipment and set up shop in my ex-husbands garage. I filed a report with the police and they made contact with him. They told him he needed to return the equipment and sue me in civil court. I spoke to him later that day and he believes he is entitled to half of the equipment. I have not spoke to him again and I do not have my equipment back. I'm not sure what to do next or even what my options are. If I call the police again, will they arrest him and what if anything is my ex-husbands responsibilty in this?

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

No, the police most likely won't arrest him. For a crime to occur, he would have had to have taken something he had no interest in with the intent to permanently deprive you of your use of it (theft). In this instance, he was half owner of the business and he took the equipment because he believes he is half owner of them. Consequently, no theft was involved and this is strictly a civil issue. If he has possession of the equipment, your remedy would be to sue him in small claims court for the return of the equipment or for their value.

Customer:
Customer:

What, if anything, can be done about the $2500.00 check?


 

Michael J, Esq. :

Your son took the $2500?

Customer:

Yes

Michael J, Esq. :

Okay. That would be included in your small claims suit, although that may bring the total amount over the small claims limit. I would speak to a local attorney because you may need to file suit in a higher court.

Customer:

Ok, that gives me a direction. Thanks for your time.

Michael J, Esq. :

No problem! I'll schedule a follow up to see how you're progressing!

Michael J, Esq. :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael

Customer:
Michael J, Esq. :

I see you tried to post but nothing appeared here.

Michael J, Esq. :

Do you have any questions?

Customer:

Will do Michael, thanks again. Nothing at this time, my computer is giving me fits.


 

Customer:
Michael J, Esq. :

Okay great. Like I said I'll schedule a follow up for a couple weeks from now .

Michael J, Esq. :

Take care.

Customer:
Michael J, Esq. and 2 other Criminal Law Specialists are ready to help you
Were you able to speak with a local attorney?

Thanks,

Michael