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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.
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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?
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