Criminal Charges for a deposit not refunded?

[brokenomore]

I received a business card delivered by a sheriff today to contact the District Attorney office in a certain county in Nevada regarding an "urgent matter."

I called the office and the special invistigator who I spoke with told me it was about a $300 deposit that I did not refund to a customer after a long delay, and that a criminal investigation is pending. I explained my financial situation, and that there was no intent to deceive, but that I could not afford to pay when they wanted repament.

He said that intent no longer mattered, and that charges could be made. He also asked if the party who made the complaint agrees to drop it, when could I make payment, and I said in about 10 days, but that I would strive to do whatever I can as soon as possible to make this go away, but he said it was too late for that now, that criminal charges are pending, but that he would be back in touch.

This was all a little scary to me, so I contacted my BK attorney, and he told me to blow them off, that they might have some kind of association with the DA office as collectors getting a percentage, that they would not prosecute me or force me to go to another state for trial over $300, and that if he calls again I should just tell him I'm filing bankruptcy and give him his (my bk attorney's) number.

My BK attorney said I could pay it if I want to, but that he wouldn't, and that it's not anything to worry about, that it's just some kind of strongarm collection technique, and that in NV this is a technique used to collect on bad checks written to casinos.

[HHM]

Well, it is real. I think your attorney is overstating the issue a little bit. The District Attorney (in nearly every major metropolitan county) has a bad check division or a division to handle these types of consumer fraud issues. In that respect, it is not a "strong arm" collection agency; these are misdemeanor offenses (and if the amount is high enough, felonies).

However, your down side is minimal, but can be a hassle. If this debt goes unresolved, NV will issue a warrant, that warrant goes into the national database. Granted, NV is NOT going to extradite you for a $300 debt, but if you were to get pulled over in your state, and the officer sees this warrant, the officer will have the option to detain you.

Should you pay, probably not. Simply file your bankruptcy.

[Faust]

I don't think this is about a check the poster issued but a payment the poster received as a deposit for some service or product they were selling.

That would not be a criminal matter.

[brokenomore]

Will filing BK get NV off my back?

If this is for real, I wasn't even given the opportunity to stop this by paying. I belive he used the word "felony," and just paying back the money at this time is not necessarily going to make this go away, or at least that's the impression he gave me.

But I have nothing official from them. Nothing on paper. Just a phone number from someone who says he is in the NV district attorney office. His number is a cell phone number, so I could not trace the number to the courthouse.

[brokenomore]

I don't think this is about a check the poster issued but a payment the poster received as a deposit for some service or product they were selling.

That would not be a criminal matter.

I was paid in advance, and did not get the work done in a timely matter. I was unable to afford to repay at the time they wanted a refund, and asked if they would give me some more time to do the work.

They said "no," and wanted their money back, and I put this on the back burner for something to do later when I could, but they've gone this route.

Couldn't they make a case for "fraud"?

[Faust]

Will filing BK get NV off my back?

If this is for real, I wasn't even given the opportunity to stop this by paying. I belive he used the word "felony," and just paying back the money at this time is not necessarily going to make this go away, or at least that's the impression he gave me.

But I have nothing official from them. Nothing on paper. Just a phone number from someone who says he is in the NV district attorney office. His number is a cell phone number, so I could not trace the number to the courthouse.

What was the deposit for? Was the deposit paid TO you or paid BY you to someone else?

Thanks!

[Faust]

I was paid in advance, and did not get the work done in a timely matter. I was unable to afford to repay at the time they wanted a refund, and asked if they would give me some more time to do the work.

They said "no," and wanted their money back, and I put this on the back burner for something to do later when I could, but they've gone this route.

Couldn't they make a case for "fraud"?

That's what I thought. Your attorney is right, whatever office you talked to is full of it.

A matter, as you outlined above, is a civil matter. If you took deposits from a zillion people the day before you filed that would be a criminal issue.

Trust your attorney.

[brokenomore]

What was the deposit for? Was the deposit paid TO you or paid BY you to someone else?

Thanks!

The deposit was a payment to me in advance for services I was to perform when in the area. (I'd rather not say what it is that I do at this time).

My customer rightfully expected the service to be completed in a timely matter, and for various reasons, it did not get done on time, and I was too strapped to repay at the time they wanted repayment.

[brokenomore]

And though I was asked about possibly solving this issue by paying the amount, I was not guaranteed that would happen, and that I could still be charged. I was not given the option to pay up while on the phone, which is why it makes me a little nervous, since if all they are really doing is "collecting," why wouldn't he have made a deal right then and there to get the money out of me?

[Shakin]

You know I am reading this say to myself......this is a forum for people who find themselves in a major hole due many to a long string of events.

This guy probably deserves to get his ass dragged into court. He accepted payment from someone for a service and then blew them off.

I believe your a scoundrel and you should payback the $300 so the individual may be able to have the service you were supposed to provide done.

I know I sound a little harsh but think about it. I went into bankruptcy because I was unable to find enough business to sustaine my lifestyle. If I could have worked to keep it all going I ould have.

This guy is the flip side.......

[brokenomore]

You don't know the entire story, and I am no "scoundrel." There was no intent to defraud, and I will happily do this work when I can and provide the services they paid for.

[Shakin]

Thats fine with me, no problem.
SOunds to me like you burned a someone for $300 for services not provided. I know its possible you were sick or something and to be honest I dont care. A $300 payment to provide a service is not alot of money. Sounds like 1 to several days work. I hate to break it to you but you at the very least should repay this individual so they can get whatever service you burned them for completed. Are the a senior citizen or something????

[brokenomore]

I don't know what the heck you're talking about here, shakin, but the point is that I cannot afford to repay upfront monies paid to me, and that I will have to deal with them in my bankruptcy, as debts, as advised by my attorney.

I am UNABLE to refund the payments. I cannot pay what I do not have, and you are in the same boat, or you would not have filed yourself. You also promised to do something--TO REPAY--and you didn't.

In this case, I am still willing and able to do the work. But I will need some relief from being forced to repay advance money.

At any rate, my concern here is being thrown in jail or having a criminal record for failing to repay the deposit, and how I can avoid that. I don't think I deserve that any more than you deserve to be thrown in a debtor's prison.

[Faust]

We do not know this whole story so I would think any personal remarks should be kept on hold.

[brokenomore]

If I'm a "scoundrel" so is everyone else here...but meanwhile, scoundrel or not, I really don't want a criminal record, so any advice is appreciated.