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I have defrauded the company.They havent laid a charge yet

 
Mike Otis's Avatar
  • Answered by:Mike Otis
  • Legal Counsel
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  • Accepted Answers: 1726
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in South Africa Law

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Customer Question

I have defrauded the company.They haven't laid a charge yet and I have not been dismissed yet.Can I resign.Also on Thursday when all of these happened,they took my car which is a bank car.They took jewellery that I am selling part time.Is this all legal in the eyes of the law.Also we bought a car from someone else the car has not been registered on our names yet so they made the owner come in and sign the car over to them threatening my husband that if this does not get done soon They will lock me up.I know I'm guilty of this but can they do all of this.

 

Optional Information:
Province: Gauteng

Already Tried:
I have contacted an attorney.But nothing has happened so far.We waiting to see what the employer will do.

Submitted: 467 days and 15 hours ago.
Category: South Africa Law
Value: R 247
Status: CLOSED
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Expert:  Mike Otis replied 467 days and 9 hours ago.

Welcome, and thank you for your question.

In order to enable me to assist, kindly provide further information.
1. How much did you take from your employer?
2. Have you paid any of the money you took back?
3. Did your employer take the car and the jewelery by threat or did you reach some agreement that the car and jewelery will be handed over as partial or full payment?
4. Did you sign any acknowledgment of debt with your employer?

Yours faithfully,

Customer replied 467 days and 7 hours ago.

Amount is about r1600000.00.I've paid r216 000.00 back in cash.They my husbands car worth r220 000.00.My jewellery worth over r200 000.00.No agreement was reach yet he took my cars keys from me told my husband to bring his car and if he doesn't do it in the next hour he will lock me up.No acknowledgement of debt was signed yet he made me write a letter telling me what to write in the letter and sign it,admitting I took so much money.I even suggested or rather ask to give me the jewellery to keep on selling and to pay every cent back even if it takes me forever.As for the bank car I don't owe it yet it's was financed through the bank.Can he take it.

Accepted Answer

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Expert:  Mike Otis replied 465 days and 4 hours ago.

Your employer took the law into his own hands. He used the threat of criminal prosecution to coerce you and your husband to hand over the goods. Unfortunately, you find yourself between a rock and a hard place. Either you lose your cars & jewelry or you face the real possibility of criminal prosecution and, if convicted, a possible jail term.

The same applies to the car financed by the bank. As long as the bank remains the title holder of the car, it will have a stronger claim to the vehicle than your employer. However, you will remain liable to the bank to pay the loan and as long as you pay the load, the bank will probably have no interest in claiming the vehicle.

Of course, there is no guarantee that your employer will not in any event lay criminal charges against you even after taking all the above assets. Therefore, it seems that your next step should depend on what your employer does hereafter. If no further steps are taken against you, you may be better off letting sleeping dogs lie.

However, if your employer lays a criminal charge against you, you will have nothing more to lose and my just as well institute a civil claim for the recovery of your property, including the car financed by the bank. Bear in mind, though, that your employer will similarly have a civil claim against you for the balance of the amount stolen.

Yours faithfully,

Expert TypeLegal Counsel
Category: South Africa Law
Pos. Feedback: 95.9 %
Accepts: 1726
Answered: 1/4/2012

Experience: B.Comm; LL.B; LL.M.

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Customer replied 461 days and 6 hours ago.

Thank you.So in other words I can still get the vehicle back.Can I go to the dealership and ask them to phone for the vehicle.Or what do I do.can I only get the car back after the case or can I claim it with my first appearance.

Customer replied 461 days and 6 hours ago.

Thank you.So in other words I can still get the vehicle back.Can I go to the dealership and ask them to phone for the vehicle.Or what do I do.can I only get the car back after the case or can I claim it with my first appearance.Also if I go to trial and be found quilty,which I know I will.Can my employer still make a civil claim against me.

 
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