Can you sue for stealing

Instead, the wrongdoer uses the position of trust granted by the owner to convert the property to the embezzler's possession and control to take it. The act of embezzlement can occur in many familiar circumstances. Below you'll find a couple of typical examples. An employee who takes money or property from an employer or sometimes a customer and uses it for personal benefit commits embezzlement. Here are a few ways this act can be committed:.

Embezzlement can occur whenever someone mishandles property that someone else entrusts with them. For instance, embezzlement can happen as a result of:. As a criminal offense, most embezzlement gets prosecuted under state law; however, the federal government also prosecutes those who embezzle from the federal government or someone paid by the federal government, like a contractor working on a government building.

If convicted, the penalties include incarceration, fines, and victim restitution money to pay for a loss. Suffering through a criminal proceeding might not be the end of the embezzler's worries. A victim whoever lost the property can also sue in civil court. A winning plaintiff called a " judgment creditor " might be able to use the civil judgment to garnish wages take money from your paycheck , levy on a bank account withdraw funds from your account , place a lien on property , or even seize and sell property to satisfy the judgment.

It will depend on the avenues remedies provided to you under state law. Find out more in Bankruptcy and Embezzlement. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Many small claims courts will consider a request for restitution — getting the property back — as an alternative to a money judgment. It's much easier, faster and cheaper than the alternatives.

You don't need a lawyer, you don't need to study up on court rules and procedures, and you don't need to cite case law.

You simply tell your side of the story to the judge. To start a case in small claims court, get a complaint or petition from the court, then fill it out with your name and address, the name and address of the defendant — the person you're suing — and the amount you are claiming. The filing fee is minimal, the wait time is short, and the proceeding is informal. You show the judge your evidence, you listen to the other side's evidence and you get the decision.

If the items that were taken are so valuable that small claims damages won't cover them, go to the next higher court. This could be the municipal, justice or superior court , depending on where you are. The bump-up in courts will come with a big bump-up in costs and time invested in getting back your property. Some examples include coercion and intoxication. If you are accused of theft, you should immediately consult with a skilled and knowledgeable criminal defense attorney. Additionally, the attorney will protect your rights, and determine if there are any legal defenses available to you based on the specifics of your case.

Finally, an attorney can represent you in court as needed. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here.

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