How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Michael Gonzalez Your Own Question
Michael Gonzalez
Michael Gonzalez,
Category: Legal
Satisfied Customers: 292
Experience:  Managing Member at EWF Title, LLC
93419235
Type Your Legal Question Here...
Michael Gonzalez is online now
A new question is answered every 9 seconds

We hired a financial advisor. story short he was arrested

Customer Question

We hired a financial advisor. Long story short he was arrested for internet pornography. His business computers were seized by the FBI. He has a large sum of our money and we cannot have access as he says the information is on the computers which he cannot access while he is in jail. We have filed civil suits against him. Shoule we hire a court appointed receiver?
JA: Since laws vary from place to place, what state is this in?
Customer: Florida
JA: Has anything been officially filed? If so, what?
Customer: Just documents for a civil lawsuit.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 6 days ago.
Category: Legal
Expert:  Michael Gonzalez replied 6 days ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.Under Florida law, the appointment of a receiver is in the sound discretion of the court and is inherent in the equitable powers of the court.
Because the appointment of the receiver is a significant request, it is available only in extraordinary situations to those who have a legal or equitable claim to the property. The appointment is not exercised simply because it can do no harm or because the parties consent to the appointment. The rationale for the heightened requirements for the appointment of a receiver is that the court must balance the owner’s right to own and possess the property against the lender’s right to protect its security in the property and prevent waste.13 Thus, there must be some showing that the property is susceptible to deterioration or that the receiver is necessary for preservation of the property.It is a little unusual to request appointment of a receiver in this context. However, these are extraordinary circumstances.I would consult with your local counsel regarding this possible alternative to obtain access to your accounts.Keep in mind depending how the money is kept (ie regular account, trust account) there may be other less dramatic means to obtain your money, namely, through the bank and/or financial institution holding your money.Good luck.