Can this company file a lawsuit against me?

Question

I worked for BORDER'S, INC. in 2005, where I misappropriated company assets. I haven't made restitution or civil penalty for $1,475. I have made some payments, but this is what I am wondering about. How can I know if this law firm representing the company can convince them to file suit against me in this matter? Is there a time period allowed for a company to file against a person? I was told that there was, but I need to know for sure. They said they may file, so what would make them choose not to? The law firm says they are going to recommend BORDERS to enforce its legal remedies. I have since then been diagnosed with Bi-polar Disorder/ risky behaivor, I have been sober now for two years, and am struggling to find a job. I have been denied SSDI because I am supposedly not considered disabled, and I have a lawyer helping me with that. I just need some kind of answers, how I can get this resolved. I will call the law firm tomorrow, but I have no money, so I don't want to lie to them.

Answer 1

The company where you misappropriated company assets has 10 years to file a case against you, otherwise, you can claim prescription after the said period.

Answer 2

First of all, bi-polar disorder won't get you forgiveness of a debt. You should work with a lawyer about those SSDI issues, and they probably can also help you with job training or placement and credit counseling.

That will help get these creditors off your back -- and that's what they are, is creditors, so all they will do is tell you they'd rather sue you, but really that's the last thing they want to do. They really would rather not sue you, because they would have to do it in small claims court and you can't even have a lawyer there. They would always rather you work with them, so talk wo your lawyer about hooking you up with a credit counselor to work with these people.

Also, there is usually (depending on where you are, you didn't say) a 2-year time limit to file a lawsuit, which usually starts to run when you last contact them or make a payment. It depends -- your lawyer or credit counselor should be able to help you with that, too.

Answer 3

Look, best thing you can do IS SEND THEM LETTERS AND NEGOTIATE WITH THEM IN LETTERS SENT BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED ... costs only like a buck fifty more - but;

If you Negotiate - and continue to negotiate - the judge really cannot even hear the matter - the court is specificially for those who can no longer negotiate and NEED A JUDGE TO DECIDE FOR THEM ...

If you keep the avenues of negotiation open - and send them a buck a week or a month ... if you are paying and you keep telling them how you want to get this paid off - but; tell them your situation and apologize each time for not having more - they should leave you alone.

Besides - the lawfirm will be charging the company MORE than the 1,500 bucks you owe them anyway - that is why the law firm would have to convince them in this ... SOMETHING ELSE -

I know in Texas it is not legal or lawful for a law firm or lawyer to solicit BY RECOMMENDING SOMEONE TO ENFORCE IT'S LEGAL REMEDIES - they are not allowed to solicit - and if you look up for your state the Rules for professional conduct - they are called "Texas Disciplinary Rules of Professional Conduct",

You should look up the rules that would govern these crud balls and don't let them push you around - though what you did was really wrong and you need to pay back for what you did - the best way to keep them off your back is to NEGOTIATE with them and pay them here and there ... send them half a pencil if you got to for payment if necessary - just pay them something and apologize ...

hope this helped you some,

Peace;

Aintmyfault

Answer 4

I'm no lawyer, but I know a little about collection law in California. Contrary to what someone else wrote, they do not have to negotiate with you or accept one dollar or half a pencil! They can sue you in Civil Court and get a judgment that is good for 10 years...then, they have to renew it for another 10 years. If they don't collect it now, they will wait until they can find bank account, car or property and file a lien against your name. Also, they will report it to the three major credit companies and your credit will be affected. Most companies have an attorney on retainer. Anyway, call them and discuss it. Don't ignore it! I wonder why they didn't have you charged with embezzlement...you are lucky! But, remember, this is Calif. law...don't know where you live.

Answer 5

Your best bet is to just explain to them that you're broke, and do your best to negotiate a payment plan with them. They would much rather work with you and get paid sooner than spend the tme and money dragging a broke debtor into court. Their intention by these threats is to make them first and forefront in your mind when payday comes. There are many more like you that they handle, and they'd probably like to spend as little time with you as possible, and would therefor be amenable to a reasonable payment arrangement.

Answer 6

Bi polar disorder is not an excuse for being a thief.