If my caregiver stole my money from my bank, can someone help me bring her to court?

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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 9 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.


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