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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience:  Explains legal matters based on 14+ years experience.
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a third party person brings a personal financial document to

Customer Question

a third party person brings a personal financial document to an attorney's office. The attorney sends us a letter and threatens to sue us. In the letter the attorney cites our personal acoount number, the closing balance and it was a POD. Attached to the letter was a hand written note from the third party person referencing our account information along with the actual document that was supplied by the bank that this third party peson had turned over the the attorney. Hand wriiten note was signed by the third party person. Wait 6 months attorny filies suit against us. The third party person is not listed as the Plaintiff. We have no info if the bank had supplied this party with our personal information. Have not been able to get an answer as of yet. We were charged with civil theft FL Statue 772. Wife works at the bank and an internal investigation was done on her and she has been cleared of any wrong doing. The attorney is charging her with a criminal crime in a civil lawsuit. We are both named in the suit. Were do we go from here?
Submitted: 3 years ago.
Category: Legal
Expert:  JB Umphrey replied 3 years ago.
Thank you for using JustAnswer!

I am sorry to learn of your circumstances. Can you please clarify:

1. How many people are being sued in civil court?

2. What are you being sued for (e.g., breach of contract? assault and battery?)

3. Have you filed an answer and affirmative defenses yet?

Customer: replied 3 years ago.

The questions I have are:

 

1) How can I be charged with criminal in a civil suit.

 

2) I am wanting to do something to the third party after the suit for her using my personal financial documents against us.

 

3) This third party person obtained without permission my personal financial documents to harm me and the Plainiff requested the bank to do an internal investigation before the law suit. We have just obtain the records, letters they wrote and the bank response. Of coarse I was cleared, did not do anything wrong. Then they went ahead and filed a law suit trying to charge me with something criminal in a civil suit knowing the out come of the investigation. They have showed us no, none, zero documents proving this charge. At this point in the suit they are obligated to do so. Why? because if they have not done it now, they can't use it in trial.

 

4) Just because I work at the bank, I do not have any authority to move, transfer, or service my account or anybody else's account. They apparently thought I did.

 

5) Answer to your request.

 

1. 2

 

2. Civil theft FL Statue 772 Using my position at the bank to transfer money from the Plaintiff''s account to my account.

 

3. yes and yes.

 

6) I am looking for some kind of libel against the third party person. I know we have FL Statue 57 to work from and 772 is very clear about payback of fees, but that is for the Plaintiff. What about the third party who obtained my personal finacial documents and submitted to an attorney so he can use them against me. That person should not have my SS #, account #, how much was in the account, date, tax payer #, when it was closed. You name it, there was personal information on this bank document. This did cause me harm, to my job, finacial strain, family and not being able to relocate for another position.

 

thank you

Expert:  JB Umphrey replied 3 years ago.
Have you considered consulting with a private attorney and showing them all of your documentation for a review and in-person consultation?
Customer: replied 3 years ago.

I want to work on after the suit to recover. Are you refering to after the suit? The attorney working on the present suit is probably not the one to handle the libel case. I am looking for a highly specialized person with experience and a proven track record. The key is the third party person has funds available. Know of anybody?

Expert:  JB Umphrey replied 3 years ago.
What county are you located in?
Customer: replied 3 years ago.

Dade City, Florida, County of Pasco

 

 

Expert:  JB Umphrey replied 3 years ago.
An option to consider would be to contact the Lawyer Referral Service of the Florida Bar Association for a specific attorney referral. You can telephone them at (800) 342-8011 or you can submit a request online at: http://www.floridabar.org/divpgm/lronline.nsf/wreferral6?OpenForm

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

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