Real Criminal Charge Pending or Collection Ploy?

[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.

[Faust]

I would only discuss this with your attorney. You'll only going to get dragged through the mud again in the forum.

[brokenomore]

I later received a call from the special investigator (who I verified actually works in the DA office) and he said it is my "lucky day" and all I have to do is pay the $300 back within 10 days and the case is closed. However, if I do not repay the money a warrant will be issued for my arrest.


I want to make it clear that I realize I have an obligation to my customers, just like I had an obligation to the credit card companies who will now be stuck when I file. But in the case of customers, even if a bankruptcy could absolve me of repaying deposits for undone work, I still intend to complete the work.

It's repaying the deposits in cash that would be a hardship, and impossible if I had to do it for all of them.


At any rate, does this add up?

Why would this not have gone to a collection agency instead?

Why is there a presumption of a crime before all the facts are known?

This almost seems like a legal version of a mobster knocking on my door telling me to pay up or end up in the river in concrete shoes.


I am inclined to just pay this for the sake of peace of mind. I would have repaid it eventually anyway, or would have completed the work. It's a hardship at this time, but better than having a record for a "felony," but I'm wondering if this is totally legitimate.

I don't know how the law works in these cases, but I don't understand why they first did not want to understand my side of the story, and I wonder what they do with people who admit that they owe, that they intend to repay or deliver, but cannot afford to do so right now.

[brokenomore]

I would only discuss this with your attorney. You'll only going to get dragged through the mud again in the forum.

I will be discussing it with him, and I appreciate your concern, but most of the people were reasonable and understanding, and I was given an opportunity by a moderator to repost it, and hopefully nobody will attempt to derail it again, and I'll try not to respond to personal attacks if that happens again.

And thank you for the PM. I can identify with much of that situation.

[Faust]

Go ahead and pay if you want. That would be the best moral thing to do.

As for the rest of the story about a crime, I'm calling BS from the DA.

[AngelinaCatHub]

Unless you bounced a check, usually above $100, and will not make it good, the DA would not get into a petty $300 criminal case. Civil anyone can sue you but criminal? I would go to the website and varify the phone numbers and the name you got from whomever and call to verify if you have an open complaint. D.A.'s have better things to do than fool with pennies when they are prosicuting murderers and drug dealers. I'm prone to agreeing with "Faust" as this is some set up. 'Hub

[wickedlate]

Actually it could be theft by deception. I live in OK and am a former officer and if it's a deposit for work and you have not done it then you would be open for criminal charges.

[747LUVR]

Actually it could be theft by deception. I live in OK and am a former officer and if it's a deposit for work and you have not done it then you would be open for criminal charges.

Here in central Florida we have in our major paper a section where alot of businesses, especially smaller mom and pop type operations where people have made deposits for work, and guess what...work never gets done and no refunds. Well its published in the paper 3-4 times a week and our court system is getting very aggressive in prosecuting the business and owners for fraud. I wouldnt mess around, imo, and like it was said earlier, the moral thing would to refund peoples deposits.

[catleg]

I think this is serious enough that I would definitely pay them.

[brokenomore]

I wouldnt mess around, imo, and like it was said earlier, the moral thing would to refund peoples deposits.

The moral thing to do would also pay back all creditors and not file bk. Are you going to do that?

I'm not capeable of refunding all deposits I received. I received them in good faith with every intention of performing the work, just like you charged your credit cards with the intention of repaying them, but are now or have defaulted.

In this case, I don't have much choice if they really could arrest me, however.

The only way I can meet my moral obligations with the rest of my customers is to perform the service, which I will, though several months later than we originally planned.

[forgotten]

I actually had a somewhat similar situation many many years ago.
I had a business card of the local police department on my door with a note to contact them. When I called them back I was told they had a criminal complaint agianst me for for $300 (maybe $400, don't recall) and a warrant was going to be issued for my arrest the next morning.

Long story short, it was a mix up with a refund for a mail order purchase. The person had written letters to the DA in their state who contacted the local police department in my state.

It was definatly legit because I went to the local police station to discuss it with them. I ended up giving them a money order and they said they marked the claim as having no basis and sent it back. Never heard another word.

I personally would just pay it... You never know what someone else is going to try and put you through over it.

[brokenomore]

Let's say someone collected a lot of advance payments and then a calamity struck his business--a fire destroyed half his inventory (and he could not ship many of his orders due to this destruction) and he had no insurance to cover it, and most of the advance payments were spent on ogoing operations. He had no funds to keep his business going, fell behind in his bills, and was forced into bankruptcy.

Could a customer come after him for "fraud" in this case or for theft by deception, and could he be charged for felony?

[wickedlate]

Let's say someone collected a lot of advance payments and then a calamity struck his business--a fire destroyed half his inventory (and he could not ship many of his orders due to this destruction) and he had no insurance to cover it, and most of the advance payments were spent on ogoing operations. He had no funds to keep his business going, fell behind in his bills, and was forced into bankruptcy.

Could a customer come after him for "fraud" in this case or for theft by deception, and could he be charged for felony?

I would say yes because they paid for a service or product that was never delivered. It would be different if you had done the work and they had a problem like a door not working right and you file bk. Then they could not come after you but with them giving you a deposit for work you are supposed to do and you have not done it by the time you said and have not given a refund after they requested one the DA is not going to be very happy with you and will file charges.

[jribe]

Let's say someone collected a lot of advance payments and then a calamity struck his business--a fire destroyed half his inventory (and he could not ship many of his orders due to this destruction) and he had no insurance to cover it, and most of the advance payments were spent on ogoing operations. He had no funds to keep his business going, fell behind in his bills, and was forced into bankruptcy.

Could a customer come after him for "fraud" in this case or for theft by deception, and could he be charged for felony?

it's a breach of your contract with your customer. The customer is not paying you for your overhead and operations. They are paying you for services- and not yet rendered at that. If you fail to provide the service- you must refund the money.

I empathize with the situation that inventory was destroyed- but that is the reason it is important to have insurance coverage.

You can be sued for breach of contract, and possible fraud for "mis use" of funds.

There's charges all the time for criminal charges on contractors who fail to provide work already paid for by customers.


It's only $300 - i would just pay it. If this was being brought civily by the customer; i would ignore it.

But do NOT avoid a criminal complaint. That invovles jail time..

Who knows how the DA's office works there. They may have a couple of junior lawyers who handle these "small potatoes" just to get some work done; and keep the public happy.

[BKOnce]

$300 is small, I'd pay the damn thing = keep my criminal record CLEAN = maintain a good future criminal credit/history for any job interview or any financial loan/application with any government/agency/bank goes smoothly too.