Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-10-2005, 07:51 AM
Junior Member
 
Join Date: Jan 2005
Posts: 20

Collections process for embezzler


What is the name of your state? WA

A person stole a huge amount of money from my employer. He signed an agreement/promissory note to pay it back on a schedule (to avoid felony prosecution), with the agreement that this could go to collections and he would pay any collections fees if he defaulted. Which, of course, he has. The debt is now going to collections. So I'm curious... what happens next? Is there any way other than bankruptcy that this person can get out of this debt? If he tries that, can the company file felony embezzlement charges at that point, presuming it's still within the statute of limitations?

I should clarify, there are company lawyers involved in this matter. I'm just curious how this situation could resolve itself.

Last edited by tbanks; 07-10-2005 at 07:53 AM.
  #2  
Old 07-10-2005, 07:57 AM
Senior Member
 
Join Date: Jun 2004
Location: Connecticut
Posts: 3,591
Quote:
Originally Posted by tbanks
What is the name of your state? WA

A person stole a huge amount of money from my employer. He signed an agreement/promissory note to pay it back on a schedule (to avoid felony prosecution), with the agreement that this could go to collections and he would pay any collections fees if he defaulted. Which, of course, he has. The debt is now going to collections. So I'm curious... what happens next? Is there any way other than bankruptcy that this person can get out of this debt? If he tries that, can the company file felony embezzlement charges at that point, presuming it's still within the statute of limitations?

I should clarify, there are company lawyers involved in this matter. I'm just curious how this situation could resolve itself.
It doesn't sound to me like there is any way to get out of this debt. If the perpetrator files for bankruptcy, it's possible that the company can file charges for the embezzlement, but not knowing the exact terms/wording of the agreement that was signed it is hard to say.
__________________
I've no time for broads who want to rule the world alone. Without men, who'd do up the zipper on the back of your dress? - Bette Davis
  #3  
Old 07-10-2005, 08:45 AM
Junior Member
 
Join Date: Jan 2005
Posts: 20
Many thanks for your feedback on this. A follow-up question: my understanding is that for the collections agency to garnish wages, even with a signed agreement, they would still need to get a court judgment. At what point would all of this go into the public record? At the completion of the judgment? How long would that likely take to complete? (I know, it would depend on the court's docket, but I'm curious as to a likely timeframe. I also expect this person to string along the collection agency with a few payments, as they did with my employer.)

I should note, I am very eager for this to go into the public record, so this person's criminal behavior can be exposed. I personally think the company should have prosecuted for embezzlement, though at the time I argued against it, an action I now regret.

Last edited by tbanks; 07-10-2005 at 09:51 AM.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:45 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.