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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118672
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We had an estate sale and red a local estate sale company.

Customer Question

we had an estate sale and hired a local estate sale company. they have provided 2 sets of sales figures which are different and incomplete. they will not provide all the cashiers records and have paid part of the amount they say we are owed. I have copies of text messages which show my efforts to collect and the estate sale owners continued cover up and withholding of facts. I believe this is embezzlement
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It is breach of contract and quite possibly theft if you can prove they are intentionally, willfully and maliciously keeping money from you that you are due. You can file a complaint with the police about their theft, but most times the DA will send this to the civil courts and tell the parties to sue.

So what you have here is a civil suit against them for breach of contract and for the money due. As part of the suit, you can serve them a demand for discovery to force them to produce all of the receipts you are seeking to prove the amount of the claim.

You will have to end up suing them though to get your recourse in most of these cases.

Customer: replied 2 years ago.
Is this case embezzlement which is a felony
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

Based only on what you said above, it is potentially theft/embezzlement only if you can show this was done willfully and maliciously to permanently deprive. Without looking at the evidence, there is no way I or anyone else court tell you more than that for certain, which is why I said it has to be filed to the police for investigation on that part. It is most certainly at the minimum a civil suit.