Legal Question in Consumer Law in North Carolina

Several years ago (5+) we had a cleaning service at our home for a period of 6 months or so. Same woman was sent each visit. Over time, my jewelry which included a few heirloom pieces, started to disappear. I called the Police, they approached the company who gave up the name of the employee who quickly confessed that she sold off the jewelry through pawn shops and other avenues. It was not recoverable.

Took about 2 years, but the defendant was ultimately found guilty of our larceny and apparently that of another family. Probation and restitution was ordered in the amount of nearly $6500. The company (a mid-sized statewide cleaning service) who employed her basically said it was between us and her since there was a criminal judgment.

Nearly 3 years on from sentencing, we had received less than $80. I recently called the probation/community corrections folks in my county and they basically said that the probation was “terminated” since she wasn’t paying and they indicated there was a “civil lien” placed against the defendant. But that’s basically the end of it; if she ever gets money back from a tax return, we might get a few dollars there. But its not a wage garnish or anything of that nature.

The lady is not incarcerated and is not paying us back, still lives locally. I know this to be a common issue in NC and I understand the State is not in the collections business. But are we simply out of luck? I am assuming the SOL is up on trying to pursue her (or the firm) on a civil front? If that would even open up additional avenues to get the restitution paid? Is this just a $6500 life lesson?

So to my real question...If I would like to talk to an attorney about my options (limited I am sure); what specialty would I seek when I try to find someone. What type of law is this even? Its not personal injury. Its not really consumer. Thanks for listening.

Brendan

Davidson NC


Asked on 8/02/17, 5:32 pm

1 Answer from Attorneys
Kenneth Love Ken Love Law

Unfortunately, collection in NC is not easy. There is a restitution order in place and that may be the best way to collect anything. You could sue...speak to a consumer or civil litigation attorney. But, you would be bound by the same rules(no garnishment, ect...).

Have you filed an insurance claim on the stolen jewelry?

As for suing her employer, that will be very difficult. They are only liable if they were aware that she was going to steal or likely to steal or were otherwise negligent in their hiring of her.

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Answered on 8/03/17, 5:38 am


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