Legal Question in Criminal Law in California

What do you think?

In 2004 I was arrested for stealing from my boss. He accused me of stealing $400,000 & filed criminal charges against me. After an investigation the DA realized the amount claimed was in excess. The DA required I plead guilty to $200k & pay restitution of $100k, which I did under duress to avoid prison & putting my child into foster care. At the same time as my settlement to repay $100k (1/2005), I was told my ex boss had already filed an insurance claim to collect the money. My attorney asked the judge if we should make the payments to the insurance company since my ex boss had already received payment. The judge said he would leave it to Mr.__ to do the right thing. I finished paying the $100k in 1/2006. Now 2 /12 years later I've heard that my ex-boss's insurance co is looking for me to serve me with a summons for $453,000-double the amount found to be true. Can they come after me for more than is true? What about the $100K I paid. I have not been served yet, but that's just a matter of time - I'm on probation and not hard to find. What if I never get served? It was over a month ago when I heard they were looking for me.


Asked on 5/11/07, 4:59 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: What do you think?

The answers to your questions are too complex to answer in this type of forum posting. However, you do have very valid questions and should speak with legal counsel asap. In a nutshell, for the purposes of this forum, the restitution you speak of was awarded by virtue of criminal proceedings, not civil proceedings. These two proceedings are separate and you cannot confuse one with the other per se. The insurance company is now coming after you in civil court now for reimbursement of their monetary claim paid out to their insured (your former boss). You would need to properly defend this civil action now, and your best option would be to contact or retain aggressive legal defense counsel ASAP. If you would like such assistance, contact our Law Firm directly today.

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Answered on 5/11/07, 5:19 pm
Terry A. Nelson Nelson & Lawless

Re: What do you think?

Can they? They already did? Can they win? That is the dispute.

You are going to need counsel to defend the lawsuit, and either settle it in a way satisfactory to you, or go to trial. There are several possible outcomes. At the minimum, you would be entitled to a credit of what you've paid. Arguably, you should be entitled to the benefit of the criminal court decision of amount actually due. You always have the ability to prove the actual amount taken and due, less credit for what's been paid. Everything is negotiable in civil court on the basis of 'bird in hand' settlements, vs protracted litigation and appeals. Keep in mind that you have to 'handle it', since this would not be dischargeable in bankruptcy. Feel free to contact me if you're serious about getting counsel.

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Answered on 5/11/07, 8:04 pm


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