Criminal Charges for a deposit not refunded?

[Shakin]

Exactly....."criminal record".

[drowningNdebt]

I would try and resolve the criminal charges asap. The district attorney will probably start looking at you further in depth. What are the charges, theft by deception and criminal simulation? Trust me, you don't want to post bail, pay restitution, have small court fines and a felony.

[brokenomore]

I got through to the agent. He talked to my customer and they want repayment in certified funds within 10 days. If they do not receive it, then he will issue a warrent for my arrest.

[brokenomore]

Not sure what I should do. I called the DA office and verified that this "special agent" did work there. He has called back and left a message to call him back, but I was unable to get through. My BK attorney says to ignore him or tell him I'm filing BK and to have him call him.

I suspect he wants to make a deal with me involving payment, but if they were really prepared to make this a criminal matter, woulnd't they have filed something in writing?

I would like this to go away, and would be inclined to pay the $300 and get rid of this stress, but it would be a hardship right now to pay it...

[Faust]

I don't think you are scoundrel.

I know a story that might be similar to yours that would outline a circumstance where such things can and do happen.

Can't get into it right now thought cause I gotta run!!

Have a good night!

[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.

[Faust]

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

[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.

[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]

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]

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]

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?

[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.

[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.

[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!