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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: 1 year ago.
Category: Legal
Expert:  Attorney2 replied 1 year 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 1 year 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 1 year 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 1 year ago.
Absolutely
Expert:  Attorney2 replied 1 year 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 1 year 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 1 year ago.

Do you have any additional questions for me?

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