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How do I file charges against someone who had POA to repair my home from storm damage but

took the insurance money (over...
How do I file charges against someone who had POA to repair my home from storm damage but took the insurance money (over $2000)and did not pay the contractor?
Also, do I have a civil case to retrieve the money? Damages?
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Answered in 5 minutes by:
8/27/2012
Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,473
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
Verified

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.


 

Michael J, Esq. :

I'm sorry to hear about your situation. Most likely, this would be a civil issue, not a criminal issue. Since the person had a POA, they had the right to receive the money on your behalf. However, once they had it, they misappropriated it. Your remedy would be to sue the person in civil court. You absolutely have a case against this person and you should recover your money + interest (at your state's level) + court costs + the cost of your attorney possibly.


 

Michael J, Esq. :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael


 

Customer:

So there is no criminal case for larceny?


 

Michael J, Esq. :

I don't believe so. They didn't steal the money from your possession, they misappropriated it when they had the right to receive it on your behalf. That would most likely fall under civil.


 

Customer:

Alright, thank you. In the civil case I should be able to get back more than what she stole or else what kind of punishment is that?

Michael J, Esq. :

No, you'll just be able to get back what was stolen + court costs and attorneys fees.


 

Customer:

Better than nothing. Thanks

Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,473
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
Verified
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Michael J, Esq.
Michael J, Esq.
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Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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