what kind of lawyer do i need if someone steals my money

Full Answer

What should I do if someone steals money from my house?

-- Report any theft as soon as possible after it happens to give the police the best opportunity to catch the thief. -- Ask for a copy of the police report. You will need this if you are going to file for recovery of the stolen money under your home or auto insurance policy.

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.

Do I need a lawyer for a criminal case?

In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary. A criminal lawyer can advise an individual on the consequences of conviction or guilty pleas. Some guilty pleas, even to misdemeanor charges, can have long-term consequences.

What kind of lawyer do I need for a small business?

Business Lawyer (litigation or transactional) Many business owners assume they need a “business lawyer,” whatever the nature of the legal problem they’re experiencing. In fact, “business law” is too broad a category to be meaningful. Business lawyers generally fall into two mutually exclusive categories: litigation and transactional.

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?

Rather, the injured party, or plaintiff, will file a lawsuit in a civil court in order to recover money or the stolen property. The accused, or defendant, will be found either liable for the theft, or not liable for the theft. If the defendant is found liable, they will most likely be ordered to pay the plaintiff.

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.

How do you prove someone is stealing?

To constitute stealing, the taking must be fraudulent and with the intention to deprive the person his permanent ownership of the thing. In a charge of stealing, proof that the goods stolen belong to some person is an essential ingredient of the offence and it is the duty of the prosecution to adduce that evidence 7.

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.

What do you do when someone doesn't give you your money back?

CIVIL SUIT: The lender can file a civil suit for recovering the money he owed through promissory note or loan agreement. He can do so under Order 37 of CPC which allows the lender to file a summary suit. He can file this suit in any high court, City Civil Court, Magistrate Court, Small Causes Court.

What can you do legally if someone owes you money?

If someone owes you money and they refuse to pay you at the agreed time, you may take the matter to the Small Claims Court. If someone has bought goods such as furniture from you and they have failed to pay for it, you can take the matter to the Small Claims Court.

Can you get stolen money back?

Getting your money back The bank can refuse to refund you if they find you acted fraudulently or were 'grossly negligent' - for example, if you shared your pin or password with someone else. If the bank won't refund your money, you'll only be able to get it back by taking the person who stole it to court.

How long can you go to jail for stealing money?

A first-degree misdemeanor can cost you up to five years in jail, while a third-degree felony can come with a seven-year sentence.

What is it called when someone steals from you?

noun. the crime of stealing. Someone who commits this crime is called a thief.

What is it called when someone steals money from your bank account?

Financial fraud happens when someone deprives you of your money, capital, or otherwise harms your financial health through deceptive, misleading, or other illegal practices. This can be done through a variety of methods such as identity theft or investment fraud.

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.

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.

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.

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 someone stole your property?

If you have evidence that a particular person stole your property, you can file a case in civil court in the county where the theft occurred. Ask the court for an order requiring the person to return the articles to you in good condition or else pay you the value of the articles stolen. Note that this is not a criminal matter.

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.

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 do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

What to do if you have been injured in a car accident?

If you’ve been injured in a car accident, find yourself a personal injury attorney. These lawyers are experienced in dealing with insurance companies and helping you obtain the maximum recovery in light of the liability and damages issues involved. Personal injury lawyers don’t just handle car-accident cases. Typically, this is the type of lawyer you need if you’ve suffered a physical injury as the result of someone else’s negligence. Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks.

What are some examples of premises liability?

Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What do you want from your ex wife?

You want a divorce. You want custody of your kids. Your ex-wife wants an increase in her spousal support and you’d rather not give it to her. You’re getting married and you want to ensure you won’t lose half of everything you own if you ever get a divorce. If your legal needs involve family relationships and obligations, you need a family lawyer.

Money Threshold for Small Claims Court

Check your state's small claims case money limit first before considering legal action. You can search for the terms " [your state] money owe small claims court" or " [your state] money claims conciliation court." Look for a .gov website with an answer, or call a small claims court attorney with questions.

Small Claims Judgment 101

Small claims court exists to give two or more parties a place to state their side of the story. However, you should carefully consider if suing someone is the right course of action.

Owing Money: Legal Definition

There are some guidelines you need to follow to sue someone for owed money. You obviously can't gift someone money and one day decide you want it back. You also can't loan someone money but never tell them you expect to be paid back.

Suing Someone for Loans or Debts 101

To show your case in the best possible light, it is a good idea to try other methods of debt collection first. Be sure to ask for the money — preferably in writing — so there is a record of your attempts. This is called a " demand letter ."

Step 1: Filing Your Complaint and Paying Filing Fees

First, check the thresholds for the amount of money you are requesting and the correct court to file in. If the amount is too small or too large, you won't be able to file in small claims court.

Step 2: Serving the Lawsuit and Court Dates

The fee you paid may go toward a court official " serving " the case. This means they will find the person who owes money (the "defendant") and give them official notice that they are being sued by you (the "litigant"). You might also be able to serve the defendant yourself through certified mail.

Step 3: Attend Court Hearing

Be on time for your court date. You can expect the court hearing to be quick — typically around 15 minutes total. If you are nervous about what goes on during a hearing, you can sit in on small claims court cases in advance.