Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I have a partner in an income property. I have found out there

I have a partner in...
I have a partner in an income property. I have found out there has been significant withdrawals from the bank account without my knowledge. Is this something that could be reported as a crime, or should I file a lawsuit ?
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
11/8/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,773
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

I am sorry for your situation. Can you please clarify as to what you mean by "partner?" As in someone you live in, or a business partner, etc? And is this a LP, LLC, S/C-Corp, etc?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Ask Your Own Legal Question
Customer reply replied 4 years ago

This is an income property ( apartment building ) I was partner with my brother and his wife. My brother managed the property and charged me a fee for his service. in 2012 my brother past away and his wife took over, as she still charged 6% fee. I have found out through the bank statements that she has been taking money out of the accounts without my knowledge . Is this punishable as a crime?

Thank you for that clarification, M.

You have not told me what kind of corporation (if any) this is like I requested in my information request but that is okay, as you have told me enough to render an answer.

Is this punishable as a crime?
POSSIBLY. Under Ca. Penal Code Sec 503, "Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted." She may be charged with embezzlement. One would have to file a criminal complaint, and then it would be up to the prosecutor to decide whether or not to pursue this.

In addition, this may be enough for a civil action. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, this may be enough for: FRAUD, BREACH OF FIDUCIARY DUTY, and UNJUST ENRICHMENT. Punitive damages may also be asserted as well.

The civil matter may be pursued instead of the criminal matter, or, at the same time.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,773
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Legal Specialists are ready to help you
Ask your own question now
Thank you for your gratuity.
Ask Your Own Legal Question
Customer reply replied 4 years ago

If I do not understand a question in special interrogatories . How do I answer it ?

Hello M,

The answer may simply be something akin to:

"Defendant objects to this Interrogatory as vague, confusing, incapable of ascertainment, and unable to be answered."

Then, it is up to the other side to rephrase it, or, to "compel" an answer in court via motion, in which case the Court may order them to clarify it.
Ask Your Own Legal Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,773
102,773 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

102,773 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,642 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,245 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

290 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have filed a criminal complaint about my stolen retirement
I have filed a criminal complaint about my stolen retirement funds, now I need help in filing a civil suit so that I can issue supeneana for paper trail. What NC statute would I file the civil suit un… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I received a summons for breach of contract with Lowes
I received a summons for breach of contract with Lowes credit card. My income is Social Security, I am 64. My husband is not on the contract, but is 76 years of age and is also on Social Security and … read more
John
John
Attorney
Doctoral Degree
5,803 satisfied customers
I have someone who breached their contract by breaking an
Hello, I have someone who breached their contract by breaking an NDA and I am trying to find out if the evidence I have is enough to bring charges against them. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
932 satisfied customers
I am being sued for breach of contract by a financial
I am being sued for breach of contract by a financial advisor who has sent me an a time list of "extra services he has performed that,he claims, outside his contractual fees. He is suing me for $33,00… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,642 satisfied customers
I have a question with regards to fiduciary duties and legal
HI, I have a question with regards ***** ***** duties and legal liabilities. Can you help? Thanks … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,299 satisfied customers
In a Michigan civil action I need to answer a verified
In a Michigan civil action I need to answer a verified complaint with a verified answer. What is the language I need on the attestation and does it have to be notified?… read more
KJL LAW
KJL LAW
Juris Doctorate
1,678 satisfied customers
Trying to file a civil action suit against a contractor who
Trying to file a civil action suit against a contractor who cashed a $15,000 deposit check and never did any work. Contractor is sitting in jail on other charges. Paperwork is asking which civil statu… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
I had a breach of contract with a venue, they did not want
I had a breach of contract with a venue, they did not want to host my event again despite having a paid in full contract with them months prior to the event date---i want to take them to small claims … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,245 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
LegalGems
LegalGems
Juris Doctorate
10,368 satisfied customers
I have a breach of contract action in progress that requires
I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting error and has made c… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,642 satisfied customers
Punitive damages cap for physicians in Utah? Have there been
Have there been successful cases against physicians in Utah for punitive damages … read more
LegalGems
LegalGems
Juris Doctorate
10,368 satisfied customers
The attorney for the defense, in a breach of contract civil
The attorney for the defense, in a breach of contract civil suit, while talking to the pro se plaintiffs admitted that his client did in fact breach our contract. What can the pro se due with this adm… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,708 satisfied customers
In a civil action the plaintiff files a motion to strike and
In a civil action the plaintiff files a motion to strike and dismiss counter claim. A hearing date is set and on that day we show up for court. We are told to have a seat and someone will call us when… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,059 satisfied customers
If someone sues me for a breach of contract and they are
If someone sues me for a breach of contract and they are trying to add up debatable if not erroneous monies indirect of the contract (like pain and suffering, missed vacation etc) they want to recover… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,708 satisfied customers
Does a corporate lawyer not only have a fiduciary duty to
Does a corporate lawyer not only have a fiduciary duty to the directors and officers but also to the membership … read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
How do I file an opposition for Breach of Fiduciary Duty?
How do I file an opposition for Breach of Fiduciary Duty? Will this complicates the filing of Partition Lawsuit if do this one first?… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
How would punitive damages in a Florida probate case be
How would punitive damages in a Florida probate case be calculated? (There is zero case law on the issue that I know of) Scenario: The only son of a man from a first marriage stands to be the benefici… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,245 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x