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Can I sue my ex maid for robbing me?

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android__

Junior Member
TX
My ex maid robbed me, leaving the window open as an alibi. All my electronics to random things like my shoes, book, cookware, iron etc..and now fraudulent charges are showing up on my checking acct. Only fingerprints lifted from point of entry (window) were hers and mine (closed it when I got home). The police/detectives could care less and aren't helping much. Can I sue her for 'negligence' for "leaving my window open" or take her to small claims court? She took almost 4k of my belongings and was self employed. I always left cash for her. Several factors indicate that it was her, not some random burglar, and it happened during the time frame she was cleaning my house but no one will listen to me or take proper action.
 


CdwJava

Senior Member
You can sue anyone for anything.

The lack of other prints does not prove that someone else did not commit the crime so the fact that no other prints were obtained does not make the maid guilty. What you seem to think makes her the obvious suspect may not be legally sufficient to convict her. A coincidence or two does not make a compelling case. A first year law student could cast reasonable doubt on an open window and on the time frame of the theft (as I assume she was not supposed to be at home for the entire time you were away). And, that is all that is required to beat a criminal charge - reasonable doubt.

The burden of proof in a lawsuit is less than that required for a conviction in criminal court, but still you will have to have SOMETHING besides her accidentally leaving the window open.

So, if you think you can convince a judge in small claims court that she did it or intentionally acted in such a way as to cause the theft, then go for it. I think you have a hard case to make but you are certainly welcome to try.
 

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