Legal Question in Criminal Law in California

In December, I was looking to hire a bookkeeping service for my business. The lady who owned the service offered a free consultation. During the consultation (at my office) she said she would take my deposit record books and bank statements to analyze them and see if she would be a good fit to do our books. If I chose to hire her, she would send me a letter of engagement for me to sign and pay her a $200 setup fee. I didn't hear from her for about a month, when she informed me that she was delayed due to her computer breaking down and her moving. At this point I informed her that because tax season was near, my CPA needed my statements and deposit record books (which she had) for tax purposes. At this point she demanded that I sign a letter of engagement and pay the setup fee. I told her that I was not yet comfortable signing the letter of engagement. After that, she told me over the phone that she would not be returning my property to me and to go jump in a lake. That was in January and that is the last time I heard from her. I've sent emails, certified letters all demanding the return of my property (bank statements and deposit record books). She has not responded once. I filed a Better Business Bureau dispute,but it did not phase her and the case went unresolved. She does not have a business license in the City that she operates in. The local police dept will not take a report or get involved because they believe it is a civil matter, and that they are too busy to enforce unlicensed business activity. What may I do to get my property back? I will need these documents in case of an IRS audit.


Asked on 4/30/12, 12:50 pm

2 Answers from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

that is a good question, although not a Criminal Law question (i.e., for people who are charged with a crime) I wish you good luck with this!

My advice would be what you've already tried - contacting the police and also Better Business Bureau. The police probably did not want to take a report because you gave her the items; she did not take them ... although she has now "converted" them to "her use."

Suing in small claims is usually for money only, not for the return of property or performance of services. Maybe you could put a valuation on those books and documents, although that is going to be tricky. I would post in a civil section here on LawGuru and maybe some other Criminal Law attorney on here has some other idea. Good luck!

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Answered on 5/01/12, 8:07 am
Anthony Roach Law Office of Anthony A. Roach

As Ms. Hofmeister points out, if law enforecment won't help you, you will have to sue for a what is known as a writ of replevin. That is a court order that commands her to return the property to you.

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Answered on 6/07/12, 6:49 pm


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