i had money stolen, what kind of lawyer do i need

Full Answer

What to do if your money has been stolen?

In the U.S. judicial system, a third option is to file a civil suit, which won't result in charges, but may get you your money back. To report a theft that has already happened, the best way to contact the police is to call them using a non-emergency number.

Do I need a lawyer for an auto theft case?

If you need assistance with any auto theft laws, you may wish to contact a criminal lawyer for assistance. An experienced lawyer can assist you with the various laws and statutes involved in a criminal trial. Also, if you need help with criminal defense for your case, your attorney can provide you with expert legal representation.

Why do I need an attorney for identity theft?

Contacting an experienced identity theft attorney is an important step in complementing the government’s investigation. Our attorneys have access to experts and resources the government and police may not employ, which may dramatically increase your chances of recovering compensation. Who Can I Sue for Identity Theft?

Can I sue someone for stealing my money?

To file a complaint there, you must be a witness or have witnesses of the crime. If you are unable to have a person charged, or even if they are charged, there is no guarantee that your stolen money will be returned to you. In this case, you can sue the thief in a civil suit, rather than a criminal case, to get your money back.

What can you do if someone steals money from you?

What to do when money is stolen from your bank accountContact your bank or card provider to alert them. ... If you've been targeted, even if you're not a victim of it, you can report it to Action Fraud. ... You can also report financial scams, such as investment fraud, on the Financial Conduct Authority (FCA) website.

Can you sue a person for stealing?

Instead of pressing criminal charges, the victim files a lawsuit against the defendant seeking monetary damages or the recovery of his or her stolen property. For a person to receive a criminal theft conviction, the state must prove beyond a reasonable doubt that the defendant is guilty.

Can you get sued for stealing money?

If you steal from your employer or someone else who has entrusted you with property or money, you can be convicted of a crime and sued in a civil court.

How do you find out who stole money from you?

How To Know if Someone Stole Your IdentityTrack what bills you owe and when they're due. If you stop getting a bill, that could be a sign that someone changed your billing address.Review your bills. ... Check your bank account statement. ... Get and review your credit reports.

Is theft a criminal case or civil?

Criminal law deals with behavior that is or can be construed as an offense against the public, society, or the state—even if the immediate victim is an individual. Examples are murder, assault, theft,and drunken driving.

How do you get something back that was stolen?

How Can You Recover Your Stolen Items?Inform law enforcement. Start by informing law enforcement of the burglary. ... Visit pawn shops. Burglars are likely to take your items to local pawn shops, thrift stores, or other similar stores. ... Check online. ... Consult with social media. ... Purchase a smart home security system.

What is the difference between embezzlement and theft?

Unlike theft where the property is taken unlawfully, in embezzlement the property comes lawfully into the possession of the embezzler who then fraudulently or unlawfully appropriates it.

What is embezzlement of cash?

Embezzlement occurs when a person takes money or property that has been entrusted to his or her care; a breach of trust occurs. Peculation and defalcation are synonyms for embezzlement. Whatever term is used, this problem is an insidious menace to the survival of businesses, institutions, and organizations.

What is the difference between embezzlement and misappropriation?

Embezzlement is misappropriation when the property or funds involved have been lawfully entrusted to the embezzler.

Do banks reimburse stolen money?

If the transaction has happened because of your negligence, that is, because of your sharing your password, PIN, OTP , etc., you will have to bear the loss till you report it to your bank. If the fraudulent transactions continue even after you have informed the bank, your bank will have to reimburse those amounts.

Do police Investigate identity theft?

The FTC says a police report usually isn't necessary to document identity theft because the FTC is a federal law enforcement agency. Just as when filing a police report, you must tell the truth as best you can and could face criminal penalties if you provide false information.

What is it called when someone steals from you?

cutpurse, pickpocket, dip - a thief who steals from the pockets or purses of others in public places. literary pirate, pirate, plagiariser, plagiarist, plagiarizer - someone who uses another person's words or ideas as if they were his own.

What is the weapon of choice for fraud criminals?

The weapon of choice for fraud criminals is not a gun or a knife. Rather, it is most often a telephone, letter, glossy publication, or brochure offering free vacations, merchandise, investment opportunities, or services. Not all frauds involve the direct selling of goods to consumers.

What happens if you are victim of fraud?

As the victim of a federal fraud crime, you may suffer financial and emotional harm and even medical problems relating to your victimization. And you are not alone. Millions of people in the United States are victims of fraud crimes each year.

Why do fraud victims feel they are not alone?

Although fraud victims are not alone, they often suffer their losses alone and in silence. Shame, guilty, embarrassment, and disbelief are among the reasons that only an estimated 15 percent of the nation's fraud victims report their crimes to law enforcement. Other reasons include victims' doubt about their own judgment, a sense of betrayal, and fears about how their family members, friends, and business associates will react. Some victims feel their losses are not large enough to report, do not want to get involved, think law enforcement agencies will not take the crime seriously, or think nothing will result from reporting the crime. Many victims feel they only have themselves to blame, when in reality, calculating, skilled perpetrators are to blame for these criminal acts.

What are the feelings of fraud?

You may experience feelings about: 1 Yourself. That old saying, "Hindsight is 20-20," is never more true than in financial fraud crimes. Many victims believe they should have known or recognized what was going on, or blame themselves for being too trusting or naive. 2 The fraud criminal for taking financial advantage of you, betraying your trust, and jeopardizing your financial independence and security 3 Your family, friends and colleagues for blaming you, being upset over what they perceive as your lack of judgment, or withdrawing financial or emotional support. 4 The investigative and prosecutorial phases of the justice process, especially in cases that progress slowly or do not result in financial outcomes favorable to you. 5 The news media for failing to warn the public about fraud schemes or for exploiting victims when fraud crimes are reported. 6 Consumer protection agencies for failing to protect your interests. 7 Creditors who don't understand your dire financial circumstances. 8 Community, state and federal agencies if their resources are limited or they do not have the authority to help you.

What is fraud in business?

Fraud occurs when a person or business intentionally deceives another with promises of goods, services, or financial benefits that do not exist, were never intended to be provided, or were misrepresented. Typically, victims give money but never receive what they paid for.

What is fraud criminal?

The fraud criminal for taking financial advantage of you, betraying your trust, and jeopardizing your financial independence and security. Your family, friends and colleagues for blaming you, being upset over what they perceive as your lack of judgment, or withdrawing financial or emotional support.

Where can fraud be prosecuted?

Fraud crimes can be prosecuted at either the state or federal level, depending on a number of factors:

What is a civil litigation attorney?

A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Can a lawyer do collections?

A collections lawyer can do it. A lawyer who does collections litigation can do it. I do not do collections work. but there are many in town who do. You can call the Virginia Lawyer Referral Service for a name.

What to do if you get stolen money?

If the stolen money wasn't yours, a less-effective option is to contact the police anonymously. In the U.S. judicial system, a third option is to file a civil suit, which won't result in charges, but may get you your money back.

What to do if someone steals your money?

If someone has stolen money and you want him held criminally responsible – and hopefully return the money – you normally need to contact the police to file a complaint. This includes filling out a police report and presenting the evidence that you have. If the stolen money wasn't yours, a less-effective option is to contact the police anonymously.

How to report a theft to the police?

Filing a Police Complaint. To report a theft that has already happened, the best way to contact the police is to call them using a non-emergency number . In many regions you can simply dial 311 and tell the operator you want to report a theft. In most cases, the police will come to you, although if you are a witness, ...

How to contact the police anonymously?

To contact the police anonymously, you can call their non-emergency number, write a letter or send an email to them. Some police forces have an anonymous tip line or email system, like crime-stoppers.org used by the Houston Police Department.

How much is a small claims court?

In many areas, small claims court is for cases with an amount in controversy of less than $5,000 to $15,000. You should contact a lawyer before pursuing a legal case against the thief. References.

Where to file a private criminal complaint?

Some jurisdictions give you the ability to bypass the police and file a private criminal complaint directly with the court or district attorney's office. In Philadelphia, for example, you can file a criminal complaint with the Office of the Philadelphia District Attorney for a theft under $2,000.

Can you report a crime anonymously?

Reporting the Crime Anonymously. If you do not wish to be involved in an investigation or the subsequent trial, you can report the theft anonymously. Anonymous complaints can alert the police that a crime may have occurred; however, they cannot be used to detain or arrest a suspect or to search his personal property.

Why is it important to provide information to an attorney about a stolen identity?

The smallest fact can make a theory of liability actionable; therefore, it is important for your attorney to be equipped with all information that is relevant to your case, as this can help in determining the best route for recovery.

What to do if your credit card is stolen?

Credit Cards. If your credit card information has been stolen, it is important to contact your credit card company immediately. The company should be able to: It is also important to check your credit report to look for any other suspicious activity. Step Four: Report the identity theft to law enforcement officials.

What is identity theft?

Given the number of ways an identity can be stolen, identity theft encompasses several theories of liability. The type of claim you file will hinge on the type of identity theft you have been the victim of, as well as the facts particular to your case.

What is an identity theft affidavit?

The Federal Trade Commission (FTC) supplies an Identity Theft Affidavit, which can be used to report new, unauthorized accounts opened with your stolen information. Check with the company to determine if they will accept the affidavit. Keep a written record of every conversation you have with the fraud departments.

How to report identity theft?

Report the identity theft to each creditor, even if that account has not been affected. Close each account that has been compromised. Ask the credit bureaus to place a "fraud alert" on every open account.

What happens if you get your identity stolen?

If you have had your identity stolen, you may have legal recourse against a number of parties. To learn more about your legal options and how our identity theft attorneys may be able to help you, please complete our case evaluation form, at no cost or obligation to you.

Why is it difficult to prove identity theft?

Generally, identity theft cases are difficult to prove beyond a reasonable doubt because of a lack of sufficient physical evidence, which is commonly due to standard business policies.

What to do if someone steals your property?

If you have solid evidence that someone stole your possessions, you can sue them to get your property back or recoup its monetary value. Filing suit in small claims court is the quickest and easiest way if the value of your property comes within the court's monetary limits.

How to sue someone who stole my stuff?

How to Sue Someone Who Stole Your Stuff. If you have solid evidence that someone stole your possessions, you can sue them to get your property back or recoup its monetary value. Filing suit in small claims court is the quickest and easiest way if the value of your property comes within the court's monetary limits.

What to do if a thief has already disposed of your property?

If the thief has already disposed of your property, you'll have to track down his assets to get your money. References.

How to file a small claims lawsuit?

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.

How much can you sue for in small claims court?

The amount you can sue for is limited depending on your jurisdiction. The limit ranges from $2,500 in Rhode Island to $25,000 in Tennessee.

How to get back property that was taken?

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. Go to your local court's self-help website and read about the steps to begin a case. You'll need to file a summons and complaint according to court rules. Filing fees can be in the hundreds of dollars, the rules can be confusing and rigid, and the wait times months or years.

What to do if someone steals from your estate?

If you feel a Trustee, a caregiver, friend, family member, or somebody else is stealing from an estate or trust, you need to contact an estate attorney who litigates immediately. There are time limits to when a case can be brought, and if you sleep on your claims they will be lost.

What happens if an abuser steals from an estate?

When an abuser steals from an estate, the penalty can be as little as simply returning the stolen monies or assets to the trust or estate. However, the California Probate Code does provide statutory bases for pursuing double damages, treble damages, punitive damages, disinheritance of the abuser, attorney’s fees and/or costs in egregious cases.

What does it depend on a trust case?

Although an unpopular answer, the correct one is that “it depends.” The relative complexity of your case, the number of parties and claims involved, the passage of time, assets involved, etc. all mean that the case is likely to cost more. The relative resistance anticipated from the party to be sued also means higher costs. Fortunately, a good trust litigation attorney will be able to help you understand the value of your case and should be able to help you structure a financial arrangement that makes sense for you and the law firm. Don’t let your fear that you “can’t afford it” stop you from pursuing a claim. There are many ways to structure an engagement. Just ask.

When to contact an estate attorney?

Contact an estate attorney the moment you begin to suspect funds or assets are being stolen from an estate. In most cases, the initial consultation will be free.

Can stealing from an estate be a criminal offense?

Stealing from an estate rarely escalates to criminal charges, in our experience. And it won’t become a matter for the criminal courts, unless a criminal charge is filed with the authorities. This requires a victim to go through the process of filing the charge, meaning there must be a clear desire of the victim to proceed to criminal charges.

Can you recover assets from an estate?

In most situations, we have been able to recover monies and assets stolen from an estate or trust swiftly using the following litigation tools:

Where to find a trust litigation attorney?

We recommend finding an experienced trust litigation attorney familiar with the county probate court in the county where the decedent lived. For example, if the decedent lived in Los Angeles, we recommend working with a trust litigation attorney in Los Angeles. A Los Angeles probate lawyer will generally be more familiar with the Los Angeles Superior Court Probate Division, versus an out of state attorney.

What to do if your sister steals from your estate?

If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney. Unfortunately, sibling theft is an all-too-common occurrence.

What to do if your brother steals your inheritance?

You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly. The odds of recovering your assets are much higher ...

Can a sibling go to jail for stealing?

Generally, the theft of estate assets by a sibling is treated as a civil matter. That means: No jail time is involved. As a victim, you do have the option to make a criminal complaint and ask the district attorney to prosecute your sibling, either when you suspect theft, or have proven they stole your assets or inheritance from the estate. While we don’t typically see clients who want to send their sibling to jail, it is a legal option. That said, the threat of criminal charges CANNOT be used as leverage to motivate a sibling who has stolen assets, to return those assets quickly, in your civil probate litigation matter.

Can a sibling be prosecuted for theft?

As a victim, you do have the option to make a criminal complaint and ask the district attorney to prosecute your sibling, either when you suspect theft, or have proven they stole your assets or inheritance from the estate. ...

Can you send your brother to jail?

While we don’t typically see clients who want to send their sibling to jail, it is a legal option. That said, the threat of criminal charges CANNOT be used as leverage to motivate a sibling who has stolen assets, to return those assets quickly, in your civil probate litigation matter.

Can you get proof that your brother stole?

No. Getting proof that a brother or sister is stealing is not your job. A trust litigation attorney will quarterback the investigation, due diligence and detective work required. Evidence disappears and memories fade, however, so the sooner you contact an experienced trust litigation attorney near you, the better.

What is stolen car law?

Stolen car laws generally cover violations involving auto theft and other types of serious auto crimes. In most cases, the term “stolen car” refers to instances where a person leaves their parked car and returns to find that it’s stolen and gone.

What happens if you get stolen from a car?

Most stolen car charges result in serious misdemeanor or felony charges; these can involve criminal fines and incarceration sentences. They can also result in a civil liability for the losses caused to the owner of the car.

Is a false police report a crime?

On the other hand, remember that filing a false police report is a crime in itself and can lead to serious trouble with the law.

What can an auto lawyer do?

An automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. By opening communication lines, the lawyer may be able to persuade the repair shop to either fix the damage or to settle out of court, so no one has to experience the added stress of a trial.

What does a car owner have to prove to the mechanic?

The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.

What happens if a mechanic refuses to accept responsibility for a misdiagnosis?

However, if the mechanic or repair shop refuses to accept responsibility or claims that it is not their fault, then the vehicle owner may seek legal recourse for a misdiagnosis. The most common option of legal recourse is to sue the mechanic for negligence.

What is a mechanic repair lawsuit?

Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops. For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty.

Can you sue a mechanic for negligence?

Thus, you may be able to sue for mechanic malpractice or negligence if your mechanic failed to disclose exactly what work was being done on your vehicle, gave you price rates that were missing certain estimates, or if they neglected to repair your vehicle in a timely and reasonable fashion.

Can a mechanic be held responsible for a stolen car?

Mechanics are legally required to take reasonable care to protect a person’s vehicle while it is in their possession. A mechanic may be held liable for a stolen vehicle, but only in certain situations. For example, if a mechanic carelessly leaves the keys to an unlocked car inside the vehicle, then the vehicle owner may hold them responsible for theft if it is stolen.

Can a car mechanic handle a car accident without a lawyer?

Yet, these cases can be very difficult to handle without the assistance of a car mechanic lawyer due to the complexity of laws involved in automobile mechanic liability matters, including car repair warranty law, bailments, garage keeper laws, negligence, and products liability laws. Thus, if your vehicle and/or parts of your vehicle have been stolen or damaged, you should consider contacting a local consumer protection lawyer for further legal guidance.