Can I be charged criminally if I took a deposit and backed out?

Question

Can criminal charges be filed against me if I took a deposit, started the work but can’t finish without a draw that is being refused?

Gary Moore · Answer

Are you a bank teller? You say that you took a deposit, not made a deposit.

Michael Palumbo · Answer

Possibly, but it seems like more of a civil dispute / breach of contract.

Stephen Freeborn · Answer

Doubtful.  It sounds more like a civil contract dispute.

Jules N. Fiani · Answer

You are not providing enough information.

Jared Altman · Answer

No. I don't think so.

Cynthia Henley · Answer

Possibly.  It depends on your history on these matters, your intent at the time you took the money, etc.  You should do your best to get the money to continue the work.  (You could be charged with a theft related issue if you took the money and didn't spend it as you agreed to do.)

Michael J. Breczinski · Answer

This sounds like a civil contract dispute to me.

Jason Savela · Answer

Well, you can always get charged, but the Q is whether you can be convicted.   In this case, you took some money and did some work.  I hope the work you did is worth the money you took.  That helps.  If not, you might return the money you did not earn.  It sounds like there was a contract (verbal or written) that said at some point there was additional money due and no work could be done unless that money is paid.  If so, I would send a letter CERTIFIED to the person explaining the situation and citing the contract.  If verbal, explain the time and date of the verbal contract stating this, and your understanding of both parties agreement. At the end of the letter, indicate that you are happy to complete the work once the money is paid.  Also, invite the client to write back if s/he thinks things were different.  If the client does not write back, then you can assume they agree.  What you are doing is making sure that your understanding of the problem is known to all.  And, you have proof of that being delivered to the client.    If you have already been charged, get a lawyer prior to doing any of the above.  If this project is too old to complete, talk to a lawyer prior to sending any letter.

Paul J. Adras · Answer

This questions involves a civil matter sounding in breach of contract; however, if a person takes a deposit from someone knowing that he or she cannot perform the work, then he or she may have committed fraud and criminal charges can be brought against that person. In order to prove fraud, the person must have known or had intent from the beginning that he or she was just taking the money without ever intending to perform.

Craig Elhart · Answer

It appears this may be a matter that falls under the Builders Trust Fund Act.  It would depend on what you did with the money you received as a deposit.

Daniel Kieth Martin · Answer

First of all I want to explain something. Anyone can be charged with anything, that does not mean that the prosecutor can prove the case.  The law in a situation like this is based on intent. If you took a deposit with the intent to defraud someone then you could be held criminally liable. The prosecutor will look at circumstantial evidence to determine what your intent was. For example, did you do some work? Was the amount of work that you did about equal to the deposit amount? You should meet with a defense lawyer to discuss the specifics of your case.

Jonathan Baner · Answer

Highly unlikely.  Can you be sued to recover the benefit of the bargain?  Sure, but not tossed in the clink because of an honest trade dispute.

Robert Driessen · Answer

More information would be needed but typically no you cannot be charged criminally for a contract claim.

Louis Leibowitz · Answer

Yes. A prosecutor may consider what you did theft or fraud (even if it isn't). Under certain circumstances you may be guilty of the crime of failure to fulfill a contract. You should contact an attorney to protect your rights.

James Lochead · Answer

For criminal charges to be viable, the DA has to be able to prove you had an intent to defraud when you took the money and didn't complete the work.  It doesn't appear that was  the case from the facts you set forth.  However the other party may file a civil claim if they really believe your taking the money was unjustified.

Jeffrey Pollock · Answer

Yes if the DA determines that you committed "Theft By Deception"; no if it is just a legitimate business problem.

Jared Austin · Answer

I can't really make out from your question exactly what happened or what is going on. It sounds like you took money for a job and then didn't complete the job. You probably would not be prosecutedfor that as this seems more like a civil remedy case where they could sue you for damages and breach of contract. However, criminal charges are possible if they believe you took their money with the intention of defrauding them or not doing the work. Seek out the advise of an attorney.

Eric Sterkenburg · Answer

If you took a deposit for work that you are contracted to do and did not finish the work the person that gave you the deposit can file a civil law suit against you. If you started the work then you may be entitled to part or all of the deposit. To have a criminal charge you would have to have the intention to defraud the people giving you the money.

Jeff Yeh · Answer

Of course you can. The moment you took the deposit was what did it.

Mark R. Thiessen · Answer

What was the crime then if no one got paid?  Conspiracy, maybe.  It's very easy to get charged, but then you hire an attorney.  You have an attempted crime here which is definitely a crime.

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Can I be charged criminally if I took a deposit and backed out?

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