There are two types of courts: Civil and Criminal. In criminal court, to be found guilty, the evidence has to prove "beyond a reasonable doubt" that he committed theft by deception. He will probably get a lawyer or have an appointed one. Then, if he loses, then what? Hope the court orders restitution?
Civil court doesn't have such a burden of proof. The burden of proof is "more likely than not" that the crime occurred. Much easier to convince a judge that he more than likely screwed you out of pay.
The ups and downs: With the criminal charge, him getting arrested might be enough to scare him into paying you but that will probably depend on his attorney's advice. With the civil route, you will more likely win the case and be awarded a judgement. It's just that they don't always pay their judgements. I ran into this issue with a transmission shop that lost when I sued them for not keeping my vehicle locked in their yard and was broken into. Their insurance paid the claim with the exception of a $500 deductible that they had to pay. I didn't know their account numbers or other assets, etc. I went to the court window and asked what I needed to do and she gave me a form to request a WRIT OF EXECUTION. That writ, when issued by a judge, orders the sheriff to go and seize assets from them. Took a couple weeks but I eventually got a $500 check from the court itself.
I think the approach you should take will depend on your state's laws, etc. If you go the civil route, you should try to go through small claims court if possible. Many states won't allow lawyers into small claims court. Either the lawyer would have to push beforehand to get it moved out of small claims or give advice to prepare his client on what to say, etc. Also, in some states, small claims courts won't help you collect.
I know lawyers sound expensive but you can usually schedule a 1 hour consultation with one for about $100-200. In that hour, they can tell you, based on your state's laws, etc., what would be the best approach. You don't have to hire him for a full case, just a consult. Gather up as much information as you can about the company you were doing work for, including office locations, main office headquarters, etc.
Re: Need some help on Money Owed
Member #: 40846
Registered: 9/19/2005
Posted:
1493
Name:
Duane Vick
Name:
Duane Vick
Company:
Self-Employed
Occupation:
Installer
Location:
Phoenix AZ
There is 1 reply to this message
