Constructive trust
Updated 2026-09-29
A constructive trust is a remedy the court imposes, treating someone who holds property, such as scam funds that can be traced to you, as if they held it on trust for you, even though no formal trust was ever agreed. It exists to stop someone unfairly keeping money that was never rightfully theirs.
When it matters
This matters most once a tracing order has identified where your money ended up, since it gives a legal basis to claim that specific money or asset back rather than just a general debt. It is a more technical remedy, so it is best discussed with a lawyer as part of a wider civil claim against a scammer.
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