Any legal Mnetters...Can you help?

[losingtheplot]

At the beginning of this year I found out that my mum had been stealing from her employer and subsequently she was sent down for it.

Now she's out he's suing her for breech of contract and wants all the money back, with interest.

She has no job, but owns a house that she is living in with me and my dd and I joint own it too, now its quite a lot of money that she owes, and I'm worried that they'll force us to sell the house...can they do this?

You need to see a solicitor - asap. And the CAB.

She's eventually got an appointment with a solicitor for next week, court date at end of this month, feel like my world's been turned upside down

They might just want to be seen to be tough, and suing your mum for that reason, to deter others. They should know they will have a slim chance of getting all their money back.

They can put a charge (a mortgage) over the house and when you eventually sell the property they can claim their share from your mum's half of the sale proceeds/ equity. Or if your mum gets another job - which might be tricky - they can get an attachment of earnings order, which means the new employer must pay £x per week to them, from your mum's earnings.

I think most companies would think twice before going for the bad press they would get for evicting a mum and child.

How do you own the house? The lawyers' way to ask is this is are you tenants in common with your mum or joint tenants? Unless you and your mum contributed exactly 50/50 to the deposit, mortgage and bills, you might be joint tenants owning in different shares (40/60 say) and you should make sure this is recorded properly if that has not been done already. This will protect you if you own more than half - when the charge attaches to the house, if ever it does, it means the ex-employer can only recover what they are due from your mum's share. Otherwise they would be entitled to half the equity. You said your mum is seeing a lawyer but I think you need to chat to one too.

Thanks Fridayschild

The man is known to be a nasty git, my mum offered to pay him the money back (she released equity on the house, which is gonna be another problem) but he wasn't interested in the money, just wanted to see her put away for it.

Before the court case he apparently sent my mum newspaper clippings of people who blabbed about their employers.
I also work in the media industry, so everyone I work with would hear all about it if I went to the papers

Not 100% sure on how I own it, just know half of it is in my name.

Me and my dd are totally innocent in all of this, just don't understand why we should be punished too.

Have also seen a solicitor a few months ago, her attitude was pay the money back asap otherwise you're both screwed

go see cb - and find an6ther solicitor

i am sorry you are going through this, your anger or frustration should be directed at your mother, not her ex boss, I know of 2 small ish businesses where employees stole from them , and it had big consequences.

i am sorry you and your DD are suffering due to your mother;s wrong doing.

if your mother was in a position of trust, was a book keeper for example, and abused that position of trust, then i cannot understand why you think the employer is a nasty person for taking legal action.

i imagine he also wants to send out a clear message to present and future staff that he takes things like this very seriously.

Thanks for the advice everybody

Lulumama, I don't think this guy is nasty just for taking legal action, he's well known throughout his company as being a nasty twat to his staff, and not that it justifies what my mam did, but he was also extremely nasty to her (he would whisper in her ear "who ate all the pies" and stuff like that because my mam was over-weight) she should have taken him to an industrial tribunal.

He posted newspaper clippings to my mam about stories of people who blabbed about their bosses as subtle manipulation, he also told her if she kept quiet about his behaviour, he would keep the story about her from going into the paper (which was a complete lie, he has no influence whatsoever on the content of any local newspapers, and the story went in).

He even sent a solicitors letter to me because I own half the house and it was nothing to do with me, I am completely innocent and I am pissed off at him for dragging me into it and also I won't get legal aid, but my mam will.
I shouldn't have to pay for solicitors when I haven't done anything wrong.
I know this guy is having to pay for a solicitor too, but he's a millionaire and my mam will have to pay his legal bill anyway.

I am also pissed off with my mother for doing all of this.