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I was charged with embezzlement and ordered to pay

Customer Question
I was charged with...

I was charged with embezzlement and ordered to pay restitution which is a large amount a, and now the insurance company is coming after me for a small insurance claim that was paid to the company I cannot pay restitution to the victim and the insurance company what is my grounds to defend against insurance company

Lawyer's Assistant: Have you documented this or discussed it with HR?

No I do not have my job I was let go for another reason and they subsequently found the theft, I was a Vice president of the company

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I was full time and at will however i worked for company for 18 years

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did not have a fair trial or a good lawyer and did not handle the situation very good and did go to jail

Submitted: 4 months ago.Category: Employment Law
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1/7/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,422
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Unfortunately, you are in a very tough position. Legally, you have to pay the restitution of course, because that was court ordered for your criminal case, but there is also a civil component and the insurance company is entitled to recover what they paid out for the damages on the claim.

The reason this is a tough situation is because you could not get either of these debts against you discharged in bankruptcy because they are debts incurred by fraud. So I am sorry to say that all you can do is keep paying the restitution and as far as the civil judgment do not pay it if they get one against you because the restitution takes priority and if you have no assets or income and it is going to the restitution, all the insurance company can do is have a lien against you and there would be nothing for them to be able to collect.

Another possibility is that you could go back to the criminal court and ask that the restitution be reduced or waived based on the insurance company seeking reimbursement and the court does have the option to reduce or waive the remaining restitution in lieu of you paying the judgment to the insurance company. This would require you using an attorney to go back to court to file the motion and show the court that you are being forced to pay twice for the same damage and argue that it is impossible for you to ever pay them both off and ask the court to waive the restitution in lieu of paying the insurance judgment.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 124,422
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