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John
John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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Like i was telling you in my previous email, Im not very good

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Like i was telling you in my previous email, I'm not very good with business and my expaetner use to do that part , I did the sales. I hired a collector to collect the accounts that i brought in and she got paid 40% of all collected accounts and I can show that it's been like that since she started. She took it upon herself to make my client which had signed papers with my company stop payment on a check that was addressed and written to my company and had it send to her house under her name...When i told her that that was stealing and she knows the laws better than i do she said that because me and her had no contract that she wasnt going to get in trouble because she'll just say it was volunteer work and i volunteer past payments including the check she stole.
Can she steal from me that easy because of that minor technicality?

Hi, thanks for submitting your question today. I’m happy to assist you with your question today.

What you are dealing with here is going to be a civil matter more than it is a criminal matter. What she is going to tell the cops is that you had an agreement to pay her whatever she took. And the police aren’t going to want to get anywhere near this matter – they’ll tell you to take it to civil court. What you’d have to do is take her to court, probably small claims court and sue her for the amount that she took. You can show you had a contract for her to only get 40% of the amount by the past practices. Plus there is no evidence to show that this customer payment or account was to be any different than the others. It makes no difference that you didn’t have a written contract – you can have an oral or even an implied contract by past performance. So your best remedy here will be to sue her in a civil curt in your area.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John and 12 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

I didn't think that the police would do anything but it's a step before I present everything to the DA...So are you telling me that because I didnt


have a signed contract with her she can steal all of my Fee and it's not a criminal matter, that the DA might not do anything?

Dino,

You can still sue her in civil court.....she cannot steal your money. You do not need a written agreement to make a breach of contract claim in civil court. You can have a verbal or implied agreement(s) that are equally enforceable to written agreements. I don't believe the DA is going to bring up criminal charges on this - in my experience they tell the complaining party that these are civil matters and to bring the matter to civil court for relief. I'm not telling you there is no relief...just that your recourse will likely be in civil court under a breach of contract claim.

Hope this helps. Let me know if I can be of further assistance. Thanks

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