A lawsuit against a lawyer for stealing money is relatively rare. In these cases, it is important to know how to properly formulate the lawsuit. The statement of claim In order to succeed in court, it is also important to know which documents to attach immediately upon filing the statement of claim and which documents to save for a later stage, when submitting evidence in the context of Affidavit of first witness.
Before considering filing a petition Lawsuit against a lawyer For theft of money, preparatory work and data collection should be carried out. For example; it is worth having conversations with the lawyer regarding the finances and recording how he explains the failure to transfer/return the funds to the client. The same can be done through WhatsApp correspondence.
Also, before filing a lawsuit against a lawyer for stealing money, it is worth Send a warning letter before filing a lawsuit to that lawyer.If you receive an official response, you may discover new data that will help you formulate your claim more correctly, or you may realize that you need to collect additional data to increase your chances of success.
In addition, before filing a lawsuit against a lawyer, Theft of money It is worth finding a lawyer who has previously filed lawsuits against other lawyers in similar circumstances, so that he can guide you through this complex process and assist with his experience.
In cases like this, filing a lawsuit against a lawyer for stealing money without professional legal support may lead to the failure of the lawsuit or to receiving a refund or financial compensation that is significantly lower than what you deserve.
In such cases, it is also appropriate to consider submitting Police complaint against a lawyer also Filing a complaint with the Bar Association, among other things due to damage toAttorney-client relationship.
Complaint against lawyer for stealing money
Regarding:
The plaintiff: שם ושם משפחה, ת"ז: ________
________ Street
Tel: _________
ע"י עוה"ד אדי בליטשטיין (מ.ר. 60023)
13 HaHagana St., Rishon LeZion (Yaron Miller Tower, Office 501)
Tel: 03-6427876; Fax: 077-4704697;
N G D
Defendant: שם ושם משפחה, ת"ז: ______ (עורך דין בהשעיה)
__________ Street
Tel: _________
Claim
Essence of the claim: Supplier – customer, other financial.
Requested remedies: Refund and/or financial compensation in the amount of 336,860 NIS.
amount Court fee: 8,421.5 ש"ח (4,210.75 ש"ח במועד זה לפי תקנה 6(א) ופרט 1 לתקנות בתי המשפט (אגרות), תשס"ז -2007).
The existence of an additional procedure: As far as the plaintiff is aware, there are no other similar proceedings in court, but disciplinary proceedings against the defendant were published in Nevo that dealt with identical matters (will be detailed below).
Summons
Since the plaintiff has filed this lawsuit against you, you are invited to file Statement of defense within sixty days From the date this invitation was presented to you.
Please note, if you do not submit Defense אזי לפי תקנה 130 לתקנות סדר הדין האזרחי, התשע"ט-2018, תהיה לתובע הזכות לקבל A verdict not before you.
The emphasis in the statement of claim is not in the original unless otherwise noted.
A concise description of the litigants
- The plaintiff is a private individual who hired the defendant's services to represent her against the insurance company due to an accident in which she was involved.
- The defendant is a lawyer, who is currently suspended from the Bar Association.
The reliefs requested in brief
- The Honorable Court is hereby requested to grant the plaintiff the following reliefs:
- Refund and/or compensation in the amount of ____ thousand shekels for the funds transferred to the defendant by the insurance company, for the plaintiff, but the defendant never transferred these funds to the plaintiff, plus interest and linkage from _____ (the last date of receipt of the funds by the defendant) until the actual date of payment.
- Financial compensation in the amount of _____ thousand shekels for the plaintiff's non-pecuniary damages due to embezzlement of her money.
- Monetary compensation in the amount of ______ thousand NIS for non-pecuniary damages due to the defendant's omissions that caused the seizure of the plaintiff's bank account, an additional seizure at the plaintiff's employer (Company _______), and a seizure of the plaintiff's vehicle, which forced the plaintiff to pay ______ NIS in order to complete the collection procedures and remove the seizures.
- לחייב את הנתבע לשלם לתובעת את הסכום ששולם עבור שירותיו של ב"כ התובעת, בסך _____ ₪.
Summary of the facts necessary to establish the cause of action and when it arose
- In ____, the plaintiff hired the services of the defendant to manage a claim for _____ as a result of _____ on _____.
- In the month ______, the defendant received ____ thousand shekels from the insurance company in two installments.
- For years, the defendant did not disclose to the plaintiff that he had received funds for her, and naturally did not transfer these funds to the plaintiff. Instead, the defendant repeatedly made false promises and told fabricated stories about continuing negotiations with the insurance company.
- In the meantime, charges were filed against the defendant Complaints to the Bar Association by other customers of the defendant who passed fraud same.
- In the years ____ the defendant was suspended from the Bar Association.
- During the year ____, the plaintiff decided to contact the insurance company herself and, to her surprise, discovered that the defendant had already received funds for her ____ years ago, and she also discovered that the defendant had been suspended from the Bar Association.
- התובעת פנתה לנתבע ביום ____ והאחרון ציין בפניה שהוא הושעה בסך הכל מניהול הליכים בבית המשפט, אך הוא עדיין רשאי לייצגה מול חברת הביטוח, ושהוא עדיין מנהל מו"מ מול חברת הביטוח. גם בשלב זה הנתבע לא גילה לתובעת שהוא קיבל כספים עוד בשנת ______.
Hence the lawsuit.
The facts that give the court jurisdiction
- לבית המשפט הנכבד הסמכות העניינית והמקומית לדון בתביעה זו לאור סכום התביעה ומקום מגוריו של הנתבע, בהתאם לתקנה 7(א) תקנות סדר הדין האזרחי, תשע"ט – 2018.
Details of the allegations
- On _____, the plaintiff hired the services of the defendant, who at that time was a lawyer, for the purpose of conducting a claim for personal injuries resulting from a car accident on _____.
- ככל הידוע לתובעת, בחודש ______ הנתבע הגיש תביעה לבית המשפט כנגד חברת _____ (ת"א ________).
- On ______, the court gave notice of deletion for inaction. On _____, another notice was given before deletion for inaction. On _____, the court deleted the plaintiff's claim for inaction, after emphasizing that the defendant had anticipated a previous decision.
Appendix 1: Court decisions dated ______.
- This negligence of the defendant violated the plaintiff's rights. Furthermore, the defendant did not inform the plaintiff that a fee of _____ had been issued that the plaintiff had to pay (and at a later stage, after collection proceedings were initiated against the plaintiff, and after the plaintiff contacted him about this matter, the defendant ordered the plaintiff to ignore it), because the plaintiff did not pay (because she was not aware of this debt because the defendant did not inform her), collection proceedings and imposition of foreclosures were initiated against the plaintiff (more on this below).
Appendix 2: Screenshot from the Net Law system regarding the issuance of the fee and the transfer of the amount to a collection center.
- בהתאם להודעת עוה"ד ______, מאגף תביעות ופרויקטים של חברת _______, מיום _________, מסתבר שחברת הביטוח שלחה אל הנתבע ביום _______ המחאה למוטב בלבד על סך ______ אלף שקלים, וההמחאה נפרעה על ידו, וביום _____ העבירה אליו בהעברה בנקאית סך של ____ אלף שקלים.
Appendix 3: הודעת דוא"ל מיום ____ מעת עוה"ד ______.
- For years, the defendant concealed this information from the plaintiff and did not transfer the funds to her.If that weren't enough, every time the plaintiff contacted the defendant, he would tell her Arabian Nights stories about continuing to conduct proceedings against the insurance company, and that, lo and behold, he would automatically succeed in obtaining significant sums of money for her.
Appendix 4: Examples of WhatsApp correspondence between the plaintiff and the defendant.
- In the month of _____, the plaintiff decided to conduct independent investigations and first discovered that the defendant had been suspended from the Bar Association.
- In a conversation on ______ with the defendant, the plaintiff inquired when she was expected to receive her money and why the defendant did not tell her that he had been suspended from the Bar Association. In this conversation, the defendant also did not tell the plaintiff that he had received the money from the insurance company back in _____, and even claimed to her that all that was stipulated with regard to his suspension was that he could not represent in court, and since the proceedings with the insurance company are out of court, there was no problem with that. The defendant did not tell the plaintiff in this conversation that he had been suspended from the Bar Association for the first time in ______, and for the second time shortly before his conversation with the plaintiff.
- After this conversation, the plaintiff learned from the insurance company that the defendant had received _____ thousand shekels on her behalf. Following this information, the plaintiff contacted her attorney to represent her against the defendant. The plaintiff paid a total of ______ NIS for her attorney's services.
Appendix 5: חשבונית מס מטעם ב"כ התובעת בגין שכר טרחה על סך _____ ₪.
- ב"כ התובעת שיגר לנתבע ביום ______ מכתב התראה ביחס לסך של _____ אלף שקלים.
- ביום ______ הנתבע השיב לב"כ התובעת בדוא"ל והודה בחוב. בין היתר הנתבע כתב כך:
"אין צורך בהליכים מיותרים. אין ולא הייתה כל כוונה לשלול ____ סכום כלשהו, הכל נתון לנסיבות שלא בשליטתי."
Appendix 6: מכתב התראה מיום _____ והודעת דוא"ל מטעם הנתבע מיום _______.
- בעקבות שיחה בין ב"כ התובעת לבין הנתבע, במסגרתה ב"כ התובעת ביקש מהנתבע לוודא כמה כסף הוא קיבל מחברת הביטוח, בתאריך ______ הנתבע שלח הודעת וואטסאפ במסגרתה טען שהסכום שב"כ התובע ציין במכתבו (_____ אלף שקלים) הוא הסכום שהוא קיבל בפועל.
- ב"כ התובעת השיב וציין כי על פי המידע מחברת הביטוח הנתבע קיבל סכום נוסף.
- The parties were unable to reach an agreement before filing the lawsuit, hence the lawsuit.
- יודגש, לתובעת נגרמה עוגמת נפש אדירה בעקבות התנהלותו של הנתבע אשר מעל בסך של _____ אלף שקלים מכספה. מדובר בסכום כסף מאוד משמעותי שהיה יכול לשמש את התובעת לצרכיה ולצורכי בני משפחתה, כגון לחופשות נוספות בחו"ל.
- It should be emphasized that, as of the date of filing this claim, linking the fund to the index reveals that another ______ NIS must be added to the fund. This is a significant amount of money that will only grow as the process continues.
The plaintiff is not the only victim of the defendant.
- In preparation for filing this lawsuit, a decision and a sentence were located in the Nevo legal database in ______ that dealt with the defendant who acted in a similar manner in relation to other clients. As part of this proceeding, the defendant was suspended from the Bar Association from ______ for three years, and additional penalties were imposed on him (the decision was issued in _____ but the actual suspension was postponed to the beginning of ____).
- This was also the case in _______, which dealt with a matter similar to this lawsuit in relation to other clients of the defendant. The defendant was also suspended again in the sentencing cases.
Appendix 7: Protocols and decisions from the Disciplinary Court of the Bar Association.
- It should be emphasized that the verdict in this case was given on ________. As stated above, only a month later the plaintiff spoke with the defendant and he hid from her the fact that he had been completely suspended (once again) from the Bar Association and did not reveal that he had received the funds for her from the insurance company back in _______.
- The defendant's conduct, which continued to harm the defendant and lie to her, after being convicted twice in the disciplinary court for the exact same offenses, justifies significant financial compensation for the plaintiff, especially in light of the fact that the defendant was the plaintiff's attorney, who was entrusted with protecting her rights and the plaintiff's money, but instead not only did the defendant, as an attorney, violate this trust, he also violated the plaintiff's money. There is nothing more serious that a lawyer can do to his client!
The defendant's conduct resulted in collection proceedings against the plaintiff and the imposition of foreclosures.
- במהלך שנת _____ התובעת קיבלה בדואר רשום מרשות האכיפה והגבייה, המרכז לגביית קנסות, אגרות והוצאות דרישה לתשלום ______ ₪ (בסופו של דבר התובעת נאלצה לשלם ______ ₪). דרישה זו התייחסה לתביעה שהוגשה על ידי הנתבע בשם התובעת (ת"א ________).
Appendix 8: Demanding payment of debt fromEnforcement and Collection Authority.
- The plaintiff spoke with the defendant about this matter, who informed her that this was a mistake and that she should ignore this demand.
- On ____, a lien was imposed on the plaintiff's bank account, another lien was imposed on the plaintiff's employer (Company _____), and another lien was imposed on the plaintiff's vehicle.
- Following the foreclosure, the plaintiff, of course, immediately paid the debt.
- Needless to say, the plaintiff is a law-abiding citizen and her account has never been seized. This caused the plaintiff great distress and embarrassment in the eyes of the representatives of the bank where her account has been held for many years, and even more so in relation to her employer. The plaintiff's account at the bank has never even had a debit balance, and the plaintiff is considered a good and dedicated employee who has been working for _____ for about 20 years!
Appendix 9: Reference for imposing the foreclosures and removing the lien from the plaintiff's account.
In conclusion
- In light of all of the above, the Honorable Court is hereby requested to summon the defendant to a hearing before it and to rule as follows:
- the remedies detailed in this statement of claim.
- Order the defendant to pay legal costs andשכר טרחת עו"ד בתוספת מע"מ.
- To grant any other relief that the Honorable Court deems appropriate in the circumstances of the case.
_______________
עו"ד אדי בליטשטיין
ב"כ התובעת
