If my caregiver stole my money from my bank, can someone help me bring her to court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my caregiver stole my money from my bank, can someone help me bring her to court?
I’m disabled (paralyzed from chest down). My caregiver stole my 2 checks, $8000 and $6400, to buy her car. I did report to police but the case has been stuck somewhere for 2 years now. Can someone help me bring her to court and collect money back?
Asked on May 5, 2012 under Bankruptcy Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Sorry to hear about your situation.
You can sue the caregiver for conversion. Conversion here is the theft of your checks. Conversion is an unauthorized assumption and exercise of the right of ownership over the personal property of another to the exclusion of the owner's rights. Conversion is any unauthorized act which permanently or for an indefinite time deprives the owner of his or her property.
Damages (the amount of compensation you are seeking in your lawsuit) would be the total of your checks. You can trace the stolen funds to the purchase of the car. Damages in conversion usually is a forced sale in this case to recover the value of your checks. Another remedy to consider is a constructive trust. A constructive trust means that the wrongdoer has to return the funds to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.