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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31756
Experience:  JD, BBA Over 25 years legal and business experience.
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I am a business owner of a home care company. I have an employee

Customer Question

I am a business owner of a home care company. I have an employee that plead guilty to forgery and was ordered to pay restitution to the victim, our client. Is it possible for the company to pay our client, the victim, back the money that was stolen and assume the debt, the court order restitution, from our employee? In return, our client will pay her outstanding bill.
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

You would be seeking repayment of the money from your employee? Is the employee willing to sign a loan agreement to repay you the money?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.


I would like to be repaid for the debt, yes, but I have not talked to her since before she was arrested. I have no idea if she will sign a loan agreement.

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying the situation for me, Richard.

Yes, it would typically be possible to pay the money owed to the client and seek repayment from the employee and treat the payment as a loan since you have no legal obligation to pay this debt.

It would be best to obtain a written loan agreement from the employee to ensure they are legally obligated to repay you, but there should be no barrier preventing you from paying the debt to the client.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.


Is this the only way? Our cleint was thinking the court could redirect her court ordered resitition to us, essentially creating the loan agreement and cancelling payment to her. Her payments are tied to her 3 year probabtion currently.

Expert:  Tina replied 1 year ago.
Hello again, Richard.

No, I'm sorry but you have no liability, so a court would not typically direct you to pay restitution. Once the amount is paid, the employee can provide evidence of that to their probation officer since payment is a condition of their probation, but the court would not typically get involved in this.

Customer: replied 1 year ago.


I may have asked that incorrectly. I understand I have no liability but our client is thinking the court has to order our employee to pay us, since we will be paying her debt to the client that she stole from. Since we want her to pay us back, how will the court know all this and how will she satisfy the terms of her probation if they aren't involved somehow?

Expert:  Tina replied 1 year ago.
Hello again, Richard.

You would contractually agree to make the loan and the employee would sign a loan document requiring her to repay the loan to you. It would not be by court order but by contract between you and the employee.

She would typically report that she has paid the restitution as ordered to her probation officer and they can report that it has been paid to the court if necessary. It will not matter to the court who pays it on the employee's behalf normally, only that the restitution get paid.

If the employee does not pay you, then you would have grounds to pursue a civil suit for breach of contract against the employee. That would normally be your recourse if you are willing to loan the money to the employee.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Legal
Satisfied Customers: 31756
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 11 other Legal Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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