Legal Question in Civil Litigation in Florida
stolen from and now being sued
My parents own a biz here in Florida. Their secretary of 5 yrs stole in excess of $126,000.00. To avoid prosecution she has just finished paying them back. The ex-secretary's husband is now suing my parents and their biz for credit card charges that were made in 2004 to his credit card by his wife to my Dad's parts suppliers. She made these $16,000.00 worth of payments without my parents knowledge to keep the parts suppliers from cutting my Dad off and to cover up her thefts and keep the charade up. Now her husband is claiming my parents and their biz was unjustly enriched and wants to be paid back. Is there a statute of limitations on this? She was not on her husbands cc account, shouldn't he be going after his wife? His wife is not listed on this suit, not sure if that is to keep her indiscretions out of this. Can the fact that she stole all of this money be brought up even though she isn't listed on the suit?
3 Answers from Attorneys
Re: stolen from and now being sued
The facts would come out as relevant to whether the debt is truly owed by your parents. Depending on your geographic location, you should contact an attorney. If you would like to speak with my office, please call.
Re: stolen from and now being sued
She can probably be joined to the suit. The facts of her theft would almost certainly be brought out in the case.
Re: stolen from and now being sued
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This is a strange way of the husband trying to get back monies taken by his wife. Certainly she can be made a party to the suit by your parents attorney by filing a crossclaim against them or simply providing information of her actions in the answer and any affirmative defenses filed.
The Statutes of Limitations would possibly be at least 4 years so this suit is probably filed in a timely fashion. You and your parents need to review this matter with their attorney. If one has not been retained, that should be their primary concern in order to defend against this lawsuit.
Scott R. Jay, Esq.
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