Legal Question in Business Law in Missouri

i have a large inventory of miscellaneous items: furniture, lamps, home decor, framed art, porcelian all vintage and retro. i was in the process of opening a store with a woman i discovered is a thief. i have moved most and finishing tomorrow. i just found out she has been selling my items and keeping the money. I would like to know what i can do legally to see that she doesnt get away with this scot-free. please tell me there are charges i can bring against her!

thanks

b*


Asked on 7/18/11, 7:55 pm

1 Answer from Attorneys
Jonathan D. McDowell McDowell & McDowell, LLC

First and foremost, you can file criminal charges with the local police and county prosecutor for thief.

As far as civil charges, from your description, it seems that you could have been one half of a partnership. If you were in fact a partner with her, then you would be able to sue her for the amount of your contribution less partnership losses. Lawsuits take a lot of time and money and you would probably not be able to recover the items, but only a monetary amount.

If you're concerned with her selling the items, you need to contact an attorney and have him or her file a temporary restraining order (TRO), emergency injunction, and permanent injunction. Having an injunction signed by a judge would order her to keep from selling anymore items. If she sold anymore at that point, she would be in violation of a court order and be in contempt, resulting in fines and possible jail time.

You do have legal recourse, but it will take the aid of attorney.

Jonathan

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Answered on 7/18/11, 8:19 pm


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