QUESTION
Can an individual be charged with grand larceny after small claims court
Asked on Dec 01st, 2018 on Breach of Contract - Nebraska
More details to this question:
I sell nutrients for tree care. I had a tree service order product for over $1,000. He never paid. Past due for 5 months. Took him to small claims court and won. He didn’t even show for the court hearing. I drove about 150 miles one way. Can I have him arrested for grand larceny to get restitution for the bad debt. ??
1 ANSWER
Theoretically yes. A civil suit brought by one private person or entity against another is independent of a criminal action brought by the government. However, breaching a contract would generally not be considered larceny (even if $1000 would be grand larceny) and the police may tell you that it si a purely civil matter. It would probably be more fruitful for you to avail yourself of the collection procedures to collect on your judgment - levy on his assets, garnish his income, etc.
Answered on Dec 03rd, 2018 at 7:15 AM