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Attorney2
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Category: Legal
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Experience:  28 Years In General Practice,
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My ex-wife has embezzled a business from me that is still

Customer Question

My ex-wife has embezzled a business from me that is still legally half mine. I meet the ADA requirements for disability. Should I pursue this angle in the legal fight coming?
Submitted: 10 months ago.
Category: Legal
Expert:  Attorney2 replied 10 months ago.

Welcome and thank you for your question. Just to clarify are you asking if should pursue the embezzlement as a criminal matter? Are you trying to link your disability to the embezzlement? http://statelaws.findlaw.com/texas-law/texas-embezzlement-laws.html

Customer: replied 10 months ago.
I feel that having the threat of pursuing the case in a criminal manner will be a chess move that I keep in reserve, I'm thinking along the lines of will the ADA statutes make my case even stronger than it already is?
Expert:  Attorney2 replied 10 months ago.

Theft would be pursued as a criminal matter in Texas. Do you feel that your disability made it easier for her to take advantage of the situation?

Customer: replied 10 months ago.
Absolutely
Expert:  Attorney2 replied 10 months ago.

The issue is that the act was created to stop discrimination and create equal rights and rights to access. It really doesn't deal with abuse. That being said I would certainly argue that as a more vulnerable person she took advantage of your disability to perpetuate abuse and theft of your assets. Elder abuse is a special category of financial abuse and if the handicap involved diminished capacity this would certainly elevate the crime. We are a general information site pursuant to the terms of service of the site I am not permitted to provide legal advice. Hopefully I can provide information to head you in the right direction. Where in Texas are you located so I can provide you with a link for local attorneys that provide free consultations that can assist.

Expert:  Attorney2 replied 10 months ago.

I wanted to follow up with you since I have not heard back from you. Please let me know how if you have additional questions for me.

Expert:  Attorney2 replied 10 months ago.

Do you have any additional questions for me?

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