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What would you consider my legal problem...criminal or civil?

I am a carpet installer, I recieved a deposit for carpet, ordered carpet. She changed her mind and wanted money back. It was already ordered. She made a police report, and now I am being charged with felony theft. I agreed to pay her back the money in payments but the money was given to the carpet store and could not be returned. This is the first time this has happened. Should this be a criminal offense or a civil case?

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Answer #1

I would def get a lawyer, and I would take her to court…she just wanted some money…best thing to do from now on…is make them put a deposit down on the carpet and it be non refundable…and make them sign a contract…

Answer #2

You need a lawyer.

But generally, it isn’t theft to renege on agreement that you’ve been paid upfront some amount for, as long as she can’t show that you entered the agreement in bad faith with no real plan to abide by your end - but planned instead to just take off with the deposit. If that is what happened, then you’re probably toast.

But if you really did order the carpet in a timely manner and can prove it, then the case will probably be dismissed at grand jury if not sooner.

Answer #3

I would think it is a civil case for small claims court. Wonder what she said that the police actually TOOK the report as criminal…

This might not go very far in criminal court…unless she’s lying thru her teeth. Be sure take all paperwork that would indicate that you took her money, and ordered the carpet in good faith. That there was NO criminal intent or act involved in this.

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