Consumer Law/Maid Service/Theft/North Carolina

[tarheelblue]

North Carolina.

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Will try to keep this summary short; much more detail below. In short,I am trying to find out if I have any (legal) leg to stand on against a local maid service company, a rep of which stole almost $7000 of property from my home. Rep was convicted and ordered to pay my family back (probation), but that is clearly never going to happen. Any (high-level) advice is appreciated. I.e. – is there any point in contacting a lawyer to try to recoup my money from the maid service itself? Or are they free and clear.

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In late 2012, it came to light that my wife was missing several pieces of jewelry from our home. We immediately suspected the cleaning lady. She was the service provider sent by the local cleaning service my wife hired. I do not believe there was a written contract with this company, but she serviced the home biweekly for nearly 6 months. We called the police who contacted the maid and she quickly confessed. November, 2012.



I called the “bonded and insured” maid service who basically said, “call us back when you get a conviction” and we’ll make it right. Which seemed appropriate; I am a firm believer in letting the process play out. So we did. It took until July 2014 to get a conviction, but we did. A judge found the individual guilty of larceny, gave her probation ordered her to pay us restitution in the amount of $6900+ over two years.



I called the maid service, who contacted their insurance company (Erie), who basically said “the crime was committed by the individual, the judge found her guilty, she is going to pay the family back….its between the individuals.” And that was the end of it. Basically the maid service’s stance is, if they cannot run it through the insurance, its not something they will make right unless someone else pays for it (insurance). I got the State Department of Insurance to check their policy and it would appear that in fact, that theft is not covered under the policy they carry. In short, if the maid breaks something, its covered. If the maid steals it, you’re on your own. I contacted state Department of Labor…basically said there is nothing they can do. “Get a lawyer” was their advice. BBB won’t get involved since there was a criminal case.



In the first year+ of probation, we have received checks from Community Corrections as part of the restitution, totaling $28 (twenty-eight). I have contacted Probation Officer and there is little they can do to speed up payment. After two years, a judge can revoke probation (possible incarceration) or just extend the period. But the punch line is, at this rate it would take nearly 300 years to get our money back. IE – my family will never be made whole.



Clearly, I don’t think it’s right that the maid service (local chain, maybe 5 offices across 3 cities state-wide; Charlotte, Raleigh, Greensboro, NC) can market themselves as “bonded and insured” but then just hide behind the Insurance Company. A couple distant “friends” (retired attorneys, both) basically said that if I were to ever consider legal action, that the Maid Service would again hide behind the Insurance company and their lawyers and that Erie will naturally have many more resources than I, that I stand no chance and would just drag it out until it becomes pointless (financially) for me to consider pursuing this (but my point to him was this being <$10,000 this would be small claims…why would any lawyers be involved?). Anyhow, “let it go” or “go talk to the consumer affairs reported at your local TV station to shame the maid service” was their joint advice.



But putting emotions aside, I am wondering out loud….is there even any legal recourse for us as pertains to the Company? What would they really be guilty of? Fraud? Breach of (implied/verbal) contract? Misrepresentation? Personal property damage? Negligence? Again, the individual robbed me….but the individual was there on site as a rep of this company.



Just a couple other points FYI – a) I have already confirmed this individual maid had no prior criminal record; at least based on my nationwide search (and as mentioned by Erie Insurance). B) we grudgingly filed a claim with my homeowners and like many policies, they cover only ~$1000. But they did pay us promptly. C) I recently discovered, the same day the maid was convicted for the larceny at our house, she was convicted on a second count of larceny and ordered to pay restitution (~$1200) to another family in my neighborhood. I have since moved and haven’t attempted to contact that family. But my guess is the individual was also robbing them when on-site at their home as a rep of this company. D) I believe Statute of Limitations in NC is 3 years. So I think that means I have 3 years from date of issue (11/9/14 is date “reported” on Police Report) to initiate civil action, should I pursue that.



I am a pretty laid-back person and not naturally litigious. But its unfair that my family is stuck in some legal black hole where the State feels they did their bit. The company feels they have no responsibility. I am unwilling to just chock this up as a “$7000 life lesson.” Any advice on approach to civil action against the company is appreciated. Thanks much!

 

[quincy]

North Carolina.

-------

Will try to keep this summary short; much more detail below. In short,I am trying to find out if I have any (legal) leg to stand on against a local maid service company, a rep of which stole almost $7000 of property from my home. Rep was convicted and ordered to pay my family back (probation), but that is clearly never going to happen. Any (high-level) advice is appreciated. I.e. – is there any point in contacting a lawyer to try to recoup my money from the maid service itself? Or are they free and clear.

------------------------------------------

In late 2012, it came to light that my wife was missing several pieces of jewelry from our home. We immediately suspected the cleaning lady. She was the service provider sent by the local cleaning service my wife hired. I do not believe there was a written contract with this company, but she serviced the home biweekly for nearly 6 months. We called the police who contacted the maid and she quickly confessed. November, 2012.



I called the “bonded and insured” maid service who basically said, “call us back when you get a conviction” and we’ll make it right. Which seemed appropriate; I am a firm believer in letting the process play out. So we did. It took until July 2014 to get a conviction, but we did. A judge found the individual guilty of larceny, gave her probation ordered her to pay us restitution in the amount of $6900+ over two years.



I called the maid service, who contacted their insurance company (Erie), who basically said “the crime was committed by the individual, the judge found her guilty, she is going to pay the family back….its between the individuals.” And that was the end of it. Basically the maid service’s stance is, if they cannot run it through the insurance, its not something they will make right unless someone else pays for it (insurance). I got the State Department of Insurance to check their policy and it would appear that in fact, that theft is not covered under the policy they carry. In short, if the maid breaks something, its covered. If the maid steals it, you’re on your own. I contacted state Department of Labor…basically said there is nothing they can do. “Get a lawyer” was their advice. BBB won’t get involved since there was a criminal case.



In the first year+ of probation, we have received checks from Community Corrections as part of the restitution, totaling $28 (twenty-eight). I have contacted Probation Officer and there is little they can do to speed up payment. After two years, a judge can revoke probation (possible incarceration) or just extend the period. But the punch line is, at this rate it would take nearly 300 years to get our money back. IE – my family will never be made whole.



Clearly, I don’t think it’s right that the maid service (local chain, maybe 5 offices across 3 cities state-wide; Charlotte, Raleigh, Greensboro, NC) can market themselves as “bonded and insured” but then just hide behind the Insurance Company. A couple distant “friends” (retired attorneys, both) basically said that if I were to ever consider legal action, that the Maid Service would again hide behind the Insurance company and their lawyers and that Erie will naturally have many more resources than I, that I stand no chance and would just drag it out until it becomes pointless (financially) for me to consider pursuing this (but my point to him was this being <$10,000 this would be small claims…why would any lawyers be involved?). Anyhow, “let it go” or “go talk to the consumer affairs reported at your local TV station to shame the maid service” was their joint advice.



But putting emotions aside, I am wondering out loud….is there even any legal recourse for us as pertains to the Company? What would they really be guilty of? Fraud? Breach of (implied/verbal) contract? Misrepresentation? Personal property damage? Negligence? Again, the individual robbed me….but the individual was there on site as a rep of this company.



Just a couple other points FYI – a) I have already confirmed this individual maid had no prior criminal record; at least based on my nationwide search (and as mentioned by Erie Insurance). B) we grudgingly filed a claim with my homeowners and like many policies, they cover only ~$1000. But they did pay us promptly. C) I recently discovered, the same day the maid was convicted for the larceny at our house, she was convicted on a second count of larceny and ordered to pay restitution (~$1200) to another family in my neighborhood. I have since moved and haven’t attempted to contact that family. But my guess is the individual was also robbing them when on-site at their home as a rep of this company. D) I believe Statute of Limitations in NC is 3 years. So I think that means I have 3 years from date of issue (11/9/14 is date “reported” on Police Report) to initiate civil action, should I pursue that.



I am a pretty laid-back person and not naturally litigious. But its unfair that my family is stuck in some legal black hole where the State feels they did their bit. The company feels they have no responsibility. I am unwilling to just chock this up as a “$7000 life lesson.” Any advice on approach to civil action against the company is appreciated. Thanks much!

You may need to be satisfied with the $28 a month restitution (the restitution of which is generally based on the defendant's ability to pay).

The company that hired the maid could be held liable IF negligent hiring can be shown. However, if the maid had no prior criminal history, the company would have no way of knowing that the maid would steal from its clients. The responsibility for the theft of the items appears to rest entirely with the thief who stole them.

Here is a link to an article on employer liability: http://smallbusiness.findlaw.com/liability-and-insurance/an-employer-s-liability-for-employee-s-acts.html

 

[tarheelblue]

thanks for the input Quincy!

Just to be clear, the restitution ordered by the judge was for $6800+. To be paid over 24 months of probation. We are 14 months in and have received $28 TOTAL. Not 28/month. Most months, we receive nothing. I called the Community Corrections (probation department) and they basically said that they hadn't received payment from the probationer in 4 months. When I pressed on "next steps" they said they would try to get her to make some payments. But basically after the 24 months, even if probationer has not kept up their end of the deal, typically the judge just extends the probation. So unless I file a civil suit against the probationer, I am basically getting $2/month. Or $24/year.

I noted in paperwork the maid service sent me from their insurance company saying the same thing about the "record" of the employee. No known prior offenses. So I ran a check and was clean.

I guess what I was wondering about was the whole bit about marketing as "bonded and insured." if there was an angle there? Or that the company breached their (unwritten/implied) contract of ensuring quality services by trustworthy individuals.


Feels like in this case, I am a victim of a legal system that puts folks on probation but doesn't actually enforce anything. Would have been better NOT to involve the police and the criminal justice system and just sue her (and the company) outright. Because everyone says "you are being taken care of," but clearly we are not and never will be.....

Its crazy!

 

[quincy]

thanks for the input Quincy!

Just to be clear, the restitution ordered by the judge was for $6800+. To be paid over 24 months of probation. We are 14 months in and have received $28 TOTAL. Not 28/month. Most months, we receive nothing. I called the Community Corrections (probation department) and they basically said that they hadn't received payment from the probationer in 4 months. When I pressed on "next steps" they said they would try to get her to make some payments. But basically after the 24 months, even if probationer has not kept up their end of the deal, typically the judge just extends the probation. So unless I file a civil suit against the probationer, I am basically getting $2/month. Or $24/year.

I noted in paperwork the maid service sent me from their insurance company saying the same thing about the "record" of the employee. No known prior offenses. So I ran a check and was clean.

I guess what I was wondering about was the whole bit about marketing as "bonded and insured." if there was an angle there? Or that the company breached their (unwritten/implied) contract of ensuring quality services by trustworthy individuals.


Feels like in this case, I am a victim of a legal system that puts folks on probation but doesn't actually enforce anything. Would have been better NOT to involve the police and the criminal justice system and just sue her (and the company) outright. Because everyone says "you are being taken care of," but clearly we are not and never will be.....

Its crazy!

I do not see that the company can be held liable for the theft by the maid. The company cannot predict that someone will decide to steal from a client if there is no history of theft or other criminal activity by the person. There was no negligent hiring and, because the maid's employment was terminated after the thefts were reported, there was no negligent retention by the company. Those are the areas that can lead to company liability.

What I suggest you check is the actual order for restitution and judgment issued by the court. You will want to see if restitution was ordered as payable as a condition of probation, ordered to be paid from work release earnings, and/or if it was ordered docketed as a civil judgment. With luck it will have been ordered docketed by the clerk as a civil judgment against the maid. This could save you a step in enforcing the judgment (there is a possible lien on the real property (if any) owned by the maid).

It is not easy trying to collect on any judgment and you might find that the maid has no earnings or assets.

Here is a link to North Carolina's law on restitution: http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15A/Article_81C.pdf

 

[tarheelblue]

will do. I am quite certain it was a condition of probation. and when I went into the Probation office to see why I wasn't getting any money they looked and the probationer had made no payments to the State in several months. Not sure how that wouldn't put up a red flag, but I assume this is the case in most probations.

THANKS!

 

[quincy]

will do. I am quite certain it was a condition of probation. and when I went into the Probation office to see why I wasn't getting any money they looked and the probationer had made no payments to the State in several months. Not sure how that wouldn't put up a red flag, but I assume this is the case in most probations.

THANKS!

Once probation is terminated, the court will deduct from the restitution any amount of money paid by the maid toward the amount ordered and enter the balance still owing. If a civil judgment has been docketed, then you can then move ahead with a garnishment of wages or an attachment of assets to satisfy the judgment. Make sure you keep the court informed of any address changes. The clerk should notify you when the probationary period has ended and provide you with the balance on the judgment.

Again, though, it is unlikely that the maid has much in the way of income or assets, so collection will be difficult. Because of the amount she stole from you, however, an effort to collect would probably be worthwhile.

Good luck.