Legal Question in Business Law in Texas

What law has been broken if an accout signer on a buisness account has taken all of the funds out of the account after surendering their Card and Checkbook and did not have permission to take the money?


Asked on 3/22/10, 5:31 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Theft (embezzlement). Go to the police and see if they will help you.

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Answered on 3/27/10, 8:26 am
Heather Kubiak The Kubiak Law Firm PLLC

I agree with Mr. Dunn that the best action you can take is to go to the police and file a criminal complaint for theft.

In addition to the criminal violation, you may have some civil remedies. This may include breach of fiduciary duty (if the account signer was a partner or other employee).

If you are a business, you may also have insurance coverage for employee dishonesty that may respond to your loss. Please check your policy and make a prompt claim with your insurer.

Good luck to you!

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Answered on 3/27/10, 10:46 am


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