someone stole from me. what kind of attorney do i need?

by Ashley Hand IV 9 min read

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.

Full Answer

What kind of attorney do I need to sue someone?

Oct 30, 2020 · Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

Do I need a lawyer for an auto theft case?

Dec 12, 2018 · 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.

Do I need a lawyer for a criminal case?

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. Fortunately, an experienced trust litigation attorney can usually help recover stolen assets, and quite possibly have your sibling disinherited and recover attorney’s fees and …

How do I find a lawyer for animal abuse cases?

Mar 03, 2019 · Your odds in FINRA arbitrations are good. They pay off often. Study FINRA’s website. Your best bet here is a trial lawyer from the Public Arbitrators Bar Association (aka PIABA). You can find ...

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What can I do if someone stole from me?

If your family member has stolen your identity, you will need to file a police report in order to remove fraudulent information from your credit report. Reporting your family member may be difficult, but bad credit can haunt you for years, so it's important to protect yourself from the repercussions of their crime.

Can you sue someone for theft?

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.Dec 12, 2018

How can I get money back from someone stealing?

You have two options. One, you can file a lawsuit against them and have it served on them. It will be your burden of proof to show that they took your money. If you didn't have a contract, or if you didn't have any witnesses, filing a lawsuit might be a waste of your time and money.Apr 29, 2013

Is stealing a criminal Offence?

The offence of stealing/larceny carries a maximum penalty of 5 years imprisonment. However, stealing/larceny is an offence sometimes dealt with pursuant to section 10 of the Crimes (Sentence Procedure) Act, meaning no conviction will be recorded, there is no other penalty, and you will have no criminal record.

Can you make a civil claim for theft?

If you are accused of theft, the business can still take civil action for compensation against you, even if they have recovered the goods they claim you stole. The business can only claim compensation from you if they can prove in court that they're entitled to it.

What can you sue someone for?

What Are the Most Common Reasons To Sue Someone?Compensation for Damages. A common form of this is monetary compensation for personal injury. ... Enforcing a Contract. Contracts can be written, oral or implied. ... Breach of Warranty. ... Product Liability. ... Property Disputes. ... Divorce. ... Custody Disputes. ... Replacing a Trustee.More items...

Do banks reimburse stolen money?

Victims of any such unauthorised transaction can still get a full refund, as per guidelines from the Reserve Bank of India (RBI). Immediately sharing information regarding any such fraud transactions can help people avoid losing the money by minimizing their liability.Sep 27, 2021

Does bank give back stolen money?

In most cases, banks offer debit fraud protection and must refund the money as long as the customer follows the bank's fraud reporting procedures in a timely manner.Sep 10, 2021

What court would theft be heard in?

magistrates' courtMost theft offences are heard in the magistrates' court.

What is the difference between theft and stealing?

Broadly speaking, “theft” is an umbrella term that includes all different kinds of criminal stealing, including identity theft, theft of intellectual property, theft of services and theft of personal property. Meanwhile, “larceny” is considered one type of stealing under the general category of theft.

How much jail time can you get for theft?

For a misdemeanor, the worst outcome possible could be up to one year in jail. However, for a misdemeanor offense, that is pretty uncommon. If it is a felony theft, or when the value of the stolen item is $1,000, then an individual could face a lengthy jail sentence, and fines up to $100,000.

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.

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.

My sibling is stealing from the estate or family trust, can I get my share of the assets back?

The short answer is “yes, you can expect to get your assets back.” At RMO, we have typically been able to recover stolen assets in six to twelve months, but sometimes sooner, in as little as 30 days.

What do I do when my sibling steals my inheritance?

It’s natural to get angry, frustrated, and sad when a brother or sister breaches your trust.

What is the penalty for my sibling stealing from the estate? Will they go to jail?

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.

How should you feel when a sibling steals your inheritance?

It’s natural to feel angry, disappointed, scared, and hurt. Any number of feelings. Just remember, regardless of what your brother or sister did, you have the ability to control the response.

How can I get over my sibling stealing my inheritance?

It takes time to get past the emotions of a sibling stealing your inheritance. At RMO, we often counsel clients on more than just the facts of their case.

When do I need a trust litigation attorney?

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.

Do I need a trust litigation attorney near me?

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.

Think 'first chair' attorney

When it comes to legal fights, envision a one-on-one sport. Your opponent does it often. You never have, or maybe twice. So, you'll likely lose – making beginners’ mistakes your opponent doesn’t. For that reason, businesses often win against individuals – having built trial law muscle over decades.

Resources to find a lawyer

Still, prior subject expertise doesn’t hurt. If suing your broker, it’s handled via arbitration under the brokers’ self-regulatory organization, the misleadingly yet authoritatively sounding Financial Industry Regulatory Authority (also called FINRA). Your odds in FINRA arbitrations are good. They pay off often. Study FINRA’s website.

Warning signs of bad lawyers

If your lawyer candidate doesn’t warn you on how suing can backfire, run. If they claim they are the best around, they aren't. If their goal is extorting a pre-trial settlement go elsewhere and find a lawyer who is willing, if needed, to go all the way to a final judgment. Good ones will.

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.

What is stolen car?

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. This is generally different from other types of crime such as car jacking, which may involve the use/threat of violence to remove the driver and passengers from a car.

What is a stolen car report?

Stolen car laws allow citizens to make reports if they believe that their car has been stolen. Filing a stolen car report usually initiates a police search for the stolen car. The police may then begin an active search, or may begin keeping a lookout for cars of the same make, model, and description. Thus, it’s important that the owner of the car ...

What is Amber Alert?

Amber alert technologies use electronic billboards to post information about kidnappings occurring in the area. Drivers are alerted to the type of car that might have been used in the kidnapping, which is often a stolen car.

Lawrence Michael Centanni

This matter would be brought in the Special Civil Part Section of the Law Division of the County Court where the debtor resides. The said attorney would provide several collection causes of actions. Please also remember the attorney will request a retainer amount to file a Complaint, go to Court, resolve it or have it tried.

Jeffrey Anthony Skiendziul

This type of debt would be brought in the Special Civil Part because of the amount being sued. The courts have do it yourself forms you can fill out on your own. As far as whether you have a case, you need to speak to a lawyer who handles small claims cases to determine whether you have a case.

How can he and/or the police prove that you did?

The better question is how can he and/or the police prove that you did. If you are under investigation or if charges have already been filed, retain an attorney immediately to represent you. Under no circumstances should you speak to the police or anyone else without an attorney present.

Who has the burden of proof in a criminal case?

Also, a city attorney or district attorney would be the one to press criminal charges. Your friend can report the issue to the police, who may then turn over to the prosecutor...w ho will then decide whether or not they have enough proof to make a case. From what you posted, it doesn't sound like they do.

Why do people talk to you?

the answer is, the only reason they're talking to you is that they don't have enough evidence on their own to arrest you. No matter what you say, they can trick you into saying something suspicious which can justify an arrest. Report Abuse. Report Abuse.

What happens if there is no evidence?

If there is truly no evidence, the charges should be dismissed. If it is a fact that there is "no evidence," the charges should never be brought. However, what should not happen sometimes does because prosecutors sometimes, although extremely rarely, file charges before they are fully informed of all the facts.

Can a person be arrested for a crime?

A person can be arrested for a crime if the police have probable cause that a crime has been committed. A prosecutor can only file a formal charge if there is proof beyond a reasonable doubt that the crime was committed. Testimony of a victim is evidence if believed by the police and prosecutor. Report Abuse. Report Abuse.

Do you have to prove innocence?

You don't have to prove your innocence. The government must prove your guilt beyond a reasonable doubt. "Proof" is what a jury believes. Whether or not they are convinced you did anything depends on all the facts. It sounds like you're just accused and not charged. Keep your mouth shut and this will probably blow over.

Can a friend make a police report?

The police can then investigate to determine if there is enough evidence to get an arrest warrant for you. They then turn that over to the prosecutors office and they have to authorize it. If charges are brought against you and you are arrested or are issued a ticket you will want legal representation to defend you in court.

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.

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