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Marsha411JD, Attorney
Category: Legal
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Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I was the treasurer for a HOA and embezzeled $2000. After

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I was the treasurer for a HOA and embezzeled $2000. After the audit, I was presented with a bill and promptly paid the embezzeled amount back with no hesitation. The Board told me that was the end of it. Now, I and my husband have received a bill from the HOA attorney for $630 because of the audit and the questions that arose. Am I obligated to pay the $630? Yes, I took the money but I also paid it back promptly when it was brought to my attention.
Hello,

Thank you for the information and your question. If the HOA sued you for the amount that they had to expend to discover the embezzlement or the exact amount of the money taken and any other related expenses, a court would find in their favor as long as the amount they are asking for is directly related to the embezzlement. So, as long as they can show that this expense was necessary because of your actions, then if you don't pay it, they could file suit. In addition, something to keep in mind is that they could still file criminal charges against you for this. So, as long as they are not asking for expenses that are unrelated, you might consider paying them.

Please let me know if you have any related follow up questions. I would be glad to assist you further if I can.
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