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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10290
Experience:  30 years as a practising solicitor.
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There my husband is currently being investigated by his

Customer Question

Hi there my husband is currently being investigated by his former employer for taking client account monies. He has been negotiating with them to sort out a payment plan as our house is just about to complete rather than the company taking it to court. We haven't been able to give them a fixed amount of how much we would give them from the proceeds but they have now found further funds that we're taken a few years back my question is they have sent paperwork to our conveyancing solicitor asking us to sign over all sale proceeds until their investigations are finished and they will forward us the balance that is left! Are the legally allowed to do this? We can't get any help where we live as every solicitor has conflict of interest. My husband is now being pushed to sign these documents, because we live in Scotland our solicitors in London won't help as it's Scottish law could
You please advise, thank you.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. IP am a solicitor in Scotland and will help you with this.
This isn't really a question of what they are legally allowed to do. They are asking you to agree to repay monies from the sale of your house. It is up to you whether you do this or not. If you do then I presume they will take a softer approach to the situation. If you don't agree, it is likely that they will seek an Inhibition against you which is an order of court which would prevent the sale of your house and as such protect such equity as is in the house in relation to their claim against you.
If you can explain the background a bit more I would be pleased to advise further but these are my initial thoughts.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10290
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
We have agreed to pay most of it back but because now they have found other transactions they want to take the whole proceeds of our house sale which completes next Week. What I'm wanting to know is can we just make them an offer of what we can afford and is this enough for them to not take legal action. My husband has been depressed, had alcoholism and gambling problems and this is what has caused him to do this. He has seeked help from our GP since and is being referred to counselling so also what I need to know is whether it does go any further would he have good grounds for a judge being more lenient with him? The company have been good with him up until now but because our house sale wasn't moving quick enough they are putting more pressure on us. I think that they don't want to take this matter further legally but we cannot afford to give them every penny of house sale proceeds as we would be left with nothing!
Expert:  JGM replied 1 year ago.
Thanks for your reply. I think because they have discovered other issues they are going to be less inclined to negotiate where there is a source of monies immediately available in the form of the sale proceeds of the house. They may take the view that as assets were embezzled, those assets should be replaced without delay.
You can certainly negotiate with them but I am not at all certain that they will accept anything other than the free proceeds of sale, which of course would also have the effect of a more lenient attitude of the judge in respect that every effort was made to repay as much as possible as quickly as possible.

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