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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16333
Experience:  Licensed Texas General Practice Attorney
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I hired a ranch hand to work the land, stables, security and

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I hired a ranch hand to work the land, stables, security and purchase feed and supplies. Over the cousre of his ten moth employ he stole approx. 10,000. I had given him my pin number to my debit card for specific purchases. he used it for his personal purchases also without my knowledge. I realize the bank will not refund the money but can I file charges on the person for theft or fraud or something even though I did give him the pin number?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Yes, you can absolutely file charges against him. This is called "embezzlement". When you employ someone and entrust that individual with money or access to the money, but only to be used for the business, and that individual misappropriates those funds for his/her own benefit, then that would absolutely be theft (embezzlement) and at this level it would be a felony.

ScottyMacEsq :

You could tell this individual that you're going to press charges if he does not make things right. Note that you can only ask for the amount that he took. If you ask for more, that could be construed as blackmail, which would be a crime on your part.

ScottyMacEsq :

You could also sue in small claims court, although as part of a criminal case, he would almost certainly be ordered to pay restitution.

Customer:

Thank you! I will talk to local law enforcement. I was unsure since I did give him the pin number. I think this amount is too large for small claims court in Texas but it is an option at least.

ScottyMacEsq :

You can sue for $10,000 in small claims, and if it's right there, you can limit your claim to $10,000.

ScottyMacEsq :

The pin is not an issue if he was not authorized and knew that what he was doing was wrong. Again, that's embezzlement.

Customer:

Oh great! I thought the limit was $5000. Thank you again.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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