QUESTION
Spouse embezzled money after court order
Asked on Jun 17th, 2013 on Corporate Law - California
More details to this question:
Our judgement was entered Jan 28, 2010. We were ordered to not open any accounts and my spouse was removed from the corporation. My spouse opened an account in my business name on April 1st, 2010 and had checks sent to her parents home from the companies customers that were not aware of the situation. Can I sue her or press charges for fraud and or embezzlement? I have no idea how much money was taken and am trying to re file taxes for that year.
1 ANSWER
Call your divorce lawyer. He or she can prepare and file an application to the court to order a hearing to determine whether or not your ex-spouse is in contempt of court. If the court finds her in contempt, typically the court first offers her an opportunity to correct the contempt. If she fails to do so, that is a second contempt and the penalty is $1000.00, 30 days in jail, or both, and reimbursement of your attorneys fees. All you get is your attorneys fees and any money the court orders her to return to you.
If you wanted me to undertake this, I would need the judgment and copies of the checks your customers sent to her instead of you. If they refuse, I could subpoena them, but that might be great for your business relations with them.
I expect this would cost about $4000.00, maybe a little less. We charge $275.00 per hour and are paid monthly for our work.
Dana Sack
510-286-2200
www.sackrosendin.com
Answered on Jun 19th, 2013 at 6:06 PM