Misappropriation
When someone doesn't return what was entrusted to them, it may be a crime. We help you make a claim or defend yourself with sound judgement.
What it involves
Misappropriation (apropiación indebida) happens when someone receives money, property or securities with the obligation to return them or to use them for a specific purpose, and instead keeps them or uses them for something else. It is common in relationships of trust: between business partners, relatives, employees, agents (gestores) or intermediaries.
Is this your case?
- You gave money to an agent or intermediary to pay for a procedure and they never did it.
- You lent or rented out a vehicle or a tool and the other person refuses to return it.
- A relative manages your property and doesn't account to you for it.
- You are accused of keeping the shop's takings or money belonging to your company.
How we help
We review the documents, transfers and messages that prove what was handed over and for what purpose. We tell you frankly whether it amounts to a crime or whether it is better to claim through the civil courts, and we act accordingly. If you are the person accused, we analyse the relationship between the parties, the accounts and the agreements, and we defend your version. We can help you in Spanish, Arabic, Tamazight, French and English, at our offices in Tenerife, Gran Canaria, Málaga and Barcelona or online, wherever you are in Spain.
If there was deception from the start, it may be fraud, and if it is just an outstanding debt, we help you with debt claims.
Frequently asked questions
- What is the difference between misappropriation and fraud?
- In fraud, the deception exists from the start. In misappropriation you receive something legitimately, for example for safekeeping or to manage it, and then you keep it or use it for something else instead of returning it.
- I lent money to a friend and he won't pay it back. Is that misappropriation?
- Not always. An unpaid loan is usually a debt that is claimed through the civil courts. It is misappropriation when the money was handed over for a specific purpose, such as keeping it safe or paying for something, and the other person used it for themselves. We look at your case.
- My business partner has kept money belonging to the company. What can I do?
- It may be misappropriation or another company-related offence, depending on how it happened. We review the company's accounts and documents and explain whether the criminal route, the commercial route or both is the best option.
Last updated:
Tell us about your case.
A first conversation — confidential and without obligation — to understand whether we can help, and how.
We speak Spanish, Arabic, Tamazight (Berber), French and English.