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  1. #1
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    Default Getting Stolen Funds Back from Former Club Treasurer Who Was Convicted of Theft

    My question involves criminal law for the state of: Oregon

    I wasn't sure where to put this topic, so my apologies if it's in the wrong spot.

    The individual in question has already been convicted and has missed some sentencing hearings. A bench warrant has been issued. The amount stolen from our club was approximately $4,000. How difficult would it be to slap him with a judgment for the amount stolen so as to force him to pay it back, maybe having his wages garnished? Right now the individual is out of state supposedly acting as executor of a relative's estate. Would it be worth our time to get a judgment against him if it doesn't happen in criminal court? If the individual moves out of state, what then?

    Thanks.

  2. #2
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    Default Re: Getting Stolen Funds Back from Former Club Treasurer Who Was Convicted of Theft

    Getting a judgment is only half the battle. It must also be collectable. It is usually a good idea to have restitution as part of the sentence if the court will do so.

  3. #3
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    Default Re: Getting Stolen Funds Back from Former Club Treasurer Who Was Convicted of Theft

    Quote Quoting Disagreeable
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    Getting a judgment is only half the battle. It must also be collectable. It is usually a good idea to have restitution as part of the sentence if the court will do so.
    Nothing precludes the club from seeking the civil remedy though. Judgments are good for a very long time

  4. #4
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    Default Re: Getting Stolen Funds Back from Former Club Treasurer Who Was Convicted of Theft

    Quote Quoting Antigone
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    Nothing precludes the club from seeking the civil remedy though. Judgments are good for a very long time
    Not disputing that. Just pointing out the legal realities of the effort.

  5. #5
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    Default Re: Getting Stolen Funds Back from Former Club Treasurer Who Was Convicted of Theft

    Quote Quoting Radio Hiker
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    How difficult would it be to slap him with a judgment for the amount stolen so as to force him to pay it back, maybe having his wages garnished? Right now the individual is out of state supposedly acting as executor of a relative's estate. Would it be worth our time to get a judgment against him if it doesn't happen in criminal court? If the individual moves out of state, what then?
    How difficult?

    On a scale of 1 to 10 it could be a 1 or a 10 or anywhere in between.

    You'd have to file a lawsuit and serve the summons and complaint on the defendant.

    Process service could be a real problem if he's skipped town and you don't know where he is. If you can't serve him you are dead in the water.

    If and when you've served him you still have to go to court and prove (not just say) that he stole the money.

    Assuming that you are successful in doing that, you'll get the judgment in your favor and you'll be able to enforce it in a number of ways, the easiest being wage garnishment.

    If he moves out of state after you get your judgment you'll have to domesticate (register) it in whatever state he moved to and enforce it there.

  6. #6
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    Default Re: Getting Stolen Funds Back from Former Club Treasurer Who Was Convicted of Theft

    Quote Quoting adjusterjack
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    How difficult?

    On a scale of 1 to 10 it could be a 1 or a 10 or anywhere in between.

    You'd have to file a lawsuit and serve the summons and complaint on the defendant.

    Process service could be a real problem if he's skipped town and you don't know where he is. If you can't serve him you are dead in the water.

    If and when you've served him you still have to go to court and prove (not just say) that he stole the money.

    Assuming that you are successful in doing that, you'll get the judgment in your favor and you'll be able to enforce it in a number of ways, the easiest being wage garnishment.

    If he moves out of state after you get your judgment you'll have to domesticate (register) it in whatever state he moved to and enforce it there.
    A conviction for the theft certainly helps in the prove-your-case department

  7. #7
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    Default Re: Getting Stolen Funds Back from Former Club Treasurer Who Was Convicted of Theft

    Didn't the club seek restitution through the criminal case?

  8. #8
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    Default Re: Getting Stolen Funds Back from Former Club Treasurer Who Was Convicted of Theft

    Quote Quoting Antigone
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    A conviction for the theft certainly helps in the prove-your-case department


    True.

    But his comment "if it doesn't happen in criminal court" leads one to wonder.

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