Los Angeles, CA asked in Civil Litigation and Small Claims for California

Q: If I ask somebody to hold my money and they lost it are they responsible? And can they go to jail?

3 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You get the typical attorney answer: It depends. Was this a professional relationship? Was there a bailment? What were the terms under which this person was holding your money? If you gave it to a homeless person on the street, probably not. Your brother, probably not. A bank? You may have a case. There is just too much information left out of this situation, you need to speak with an attorney for a consultation, you may have to pay for his analysis of all the facts and advice. You need to consult an attorney in your local area that practices this kind of law. This is personal property law. Thank you for using Justia Ask a Lawyer.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: If you ask someone to hold your money and they subsequently lose it, their responsibility and potential legal consequences depend on the specific circumstances and any agreements that were made. If there was a written or verbal agreement outlining their responsibilities and duty of care towards your money, they may be held accountable for their actions or negligence.

In terms of potential legal consequences, whether they can go to jail would depend on various factors, including the jurisdiction and the nature of the situation. If their actions are deemed criminal, such as theft or fraud, they may face criminal charges, which could lead to imprisonment if convicted. However, it is important to consult with a legal professional who can evaluate the details of your case and provide accurate advice based on the applicable laws and regulations in your jurisdiction. They will be able to guide you on the best course of action to seek any potential remedies or pursue legal recourse.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: It could depend on the terms of your arrangement. But criminal charges are not usually involved unless the conduct amounted to acts such as theft. Good luck

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