owed money resides in my bank account can i legally take it

[Nixx6499]

i am in kentucky and i am having a former friend evicted frome my home. during the time in my home i got him a job and his checks are going to my bank account but he owes me my mother and grandfather money (personal loans) and i want to know if i am within my rights to take the money owed before his thirty day notice is over

 

[PayrollHRGuy]

You are evicting him and he is still putting his checks in your bank? He is to stupid to breathe and you really aren't much better.

No, you don't have the right to steal his money. That said because of his amazing stupidity you might get away with it if you tried.

 

[Zigner]

i am in kentucky and i am having a former friend evicted frome my home. during the time in my home i got him a job and his checks are going to my bank account but he owes me my mother and grandfather money (personal loans) and i want to know if i am within my rights to take the money owed before his thirty day notice is over

Nope - it's his money and you know it

 

[Litigator22]

i am in kentucky and i am having a former friend evicted frome my home. during the time in my home i got him a job and his checks are going to my bank account but he owes me my mother and grandfather money (personal loans) and i want to know if i am within my rights to take the money owed before his thirty day notice is over

NO! You are not within your rights to "take" the funds so deposited for your own purposes nor your mother and grandfather's purposes. Not before the thirty days is over nor afterwards!

There are legal means whereby any such credits could be attached and levied upon by the local sheriff to satisfy a money judgment against the individual. But neither you nor your family can employ self help. Not even in the hollows of Kentucky where such conduct is treated as a criminal act known as: "Theft by failure to make required disposition of property". [*] Elsewhere embezzlement.

______________________________________

[*] Kentucky Revised Statutes (KRS) Chapter 514 - Theft and other related offenses
Section 514.070 Theft by failure to make required disposition of property.

"(1) A person is guilty of theft by failure to make required disposition of property received when:

(a) He obtains property upon agreement or subject to a known legal obligation to make specified payment or other disposition whether from such property or its proceeds or from his own property to be reserved in equivalent amount; and

(b) He intentionally deals with the property as his own and fails to make the required payment or disposition.
* * * *
(4) Theft by failure to make required disposition of property received is a Class A misdemeanor unless the value of the property is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony."