Q: Settle violation of fiduciary responsibility.
I made a wager with an individual on a future event that has not yet occurred. We agreed to allow a third party (who agreed also agreed to the duty) to hold the wager amount until it is settled. The problem is the third party who was acting as a fiduciary at some point gave my check to the other party and he cashed it without my permission or without informing me. I have communication where the fiduciary agreed to hold the check until the determination was made. What is my remedy through the court so I can make a point. It is not the money, its the principle.
A: I understand the principle aspect of this situation, as you trusted these individuals with your money. That said, your options and remedies moving forward are dependent on very specific facts that are not provided here, such as your agreements you had with the relevant parties, and the communications you had regarding those agreements. As such, I recommend organizing everything in your possession related to this matter, and consulting with an attorney individually. Many of us offer free consultations, so it will not cost you anything out of pocket to obtain the opinion of an experienced professional who can advise as to your options moving forward.
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