Going after a stock due to Civil Theft

[trevor15]

What is the name of your state (only U.S. law)? FL

Does anyone know if there is a way to obtain ownership of a stock due to Civil theft without going to court? I'm not sure of the legal term but I believe we can go in fornt of a judge even without filing a lawsuit and present all evidence for the judge to rule. I also heard of a way to avoid all that and get the stock quickly transfered into my name? Any ideas? Thanks

 

[Zigner]

What is the name of your state (only U.S. law)? FL

Does anyone know if there is a way to obtain ownership of a stock due to Civil theft without going to court? I'm not sure of the legal term but I believe we can go in fornt of a judge even without filing a lawsuit and present all evidence for the judge to rule. I also heard of a way to avoid all that and get the stock quickly transfered into my name? Any ideas? Thanks

You're kidding, right? You think that you can just jump in front of a judge and take ownership of somebody else's "stuff" without giving the other party the opportunity to respond?

 

[trevor15]

You're kidding, right? You think that you can just jump in front of a judge and take ownership of somebody else's "stuff" without giving the other party the opportunity to respond?

No, I wasn't. That's what my lawyer told me but he wasn't 100% sure. The other party does not deny owing me money and actually agreed to pay me back but then they started playing games.
There is a crime committed- involving theft and fraud , I have proof, there is no denial from them...so why should I have to spend more money and waste more time to recover my loses?

 

[Ohiogal]

No, I wasn't. That's what my lawyer told me but he wasn't 100% sure. The other party does not deny owing me money and actually agreed to pay me back but then they started playing games.
There is a crime committed- involving theft and fraud , I have proof, there is no denial from them...so why should I have to spend more money and waste more time to recover my loses?

So did you report the crime to the police? Has the bad guy been indicted? Has he been convicted?

 

[LeeHarveyBlotto]

No, I wasn't. That's what my lawyer told me but he wasn't 100% sure. The other party does not deny owing me money and actually agreed to pay me back but then they started playing games.
There is a crime committed- involving theft and fraud , I have proof, there is no denial from them...so why should I have to spend more money and waste more time to recover my loses?

Because there's a system that has to be followed?

 

[FlyingRon]

You have to also explain what the relationship of this person you say stole from you. If it was a stock broker, you probably aren't going in front of a judge PERIOD, but you do have to go through the FINRA arbitration procedure. That's still going to require you to file a claim (which is roughly the equivalent of filing a lawsuit).

Why aren't you talking to you attorney. He knows the situation better than we do.

 

[trevor15]

You have to also explain what the relationship of this person you say stole from you. If it was a stock broker, you probably aren't going in front of a judge PERIOD, but you do have to go through the FINRA arbitration procedure. That's still going to require you to file a claim (which is roughly the equivalent of filing a lawsuit).

Why aren't you talking to you attorney. He knows the situation better than we do.

he's not a stock broker ,but an ex-employee of mine.The lawyer does know the situation better but it just seems like he either doesn't want to do anything about it or he's busy with other bigger cases that will bring him more money.
I was told I by a friend of mine a lawyer should be able to go in front of a judge and with the evidence we have to ask for placing a stop/lien on the stock so he won't be able to transfer it or cash it out until everything is sorted out in court. Is that correct and does anyone know what's the name of that legal procedure ? ...maybe I should find another lawyer...

 

[quincy]

...maybe I should find another lawyer...

What I have quoted above of your post sounds like a good plan. Good luck.