QUESTION
What can we do if someone is filing a theft by deception case against us?
Asked on Jan 01st, 2012 on Personal Injury - New Jersey
More details to this question:
I had a Term Sheet and License Agreement with an individual in Florida who signed the Term Sheet and License Agreement. The Licensee Agreement to sell our products and Services was $20,000 and the guy in Florida paid $5000 down and never paid the balance, hence we never trained the guy on our product. He still owed us $15000. The License Agreement clearly states all initial fees are NON REFUNDABLE. He contacted local investigator and they file a theft by deception. Isn't this civil vs. criminal?
10 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The ultimate question is whether there was any deception in the arrangement. Could be a civil or ciminal case depending on the precise facts. See a lawyer if any papers are sent to you. Don't delay.
Answered on Jan 06th, 2012 at 10:30 AM
If a civil action was filed against youor is being contemplated, you should retain a contract attorney for legal advice and direction. If a criminal matter is being investigated for an alleged theft by deception, you should retain a criminal lawyer for legal assistance.
Answered on Jan 06th, 2012 at 9:26 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There can be one act which carries both civil and criminal liabilities. I assume you explained to the investigator that this individual owes you money and he is trying to get out of it by filing a complaint against you. It is then up to the authorities to determine whether they can proceed and whether they want to do so.
Answered on Jan 06th, 2012 at 9:22 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You don't specify if it is a criminal case or a civil case. Each State has laws that vary from jurisdiction to jurisdiction. You will need to retain Florida counsel or risk having the matter go against you. The circumstances of your defense is a defense, it is not a basis for not answering the charges. Your contract may not be legal in Florida if it is against the law. Good Luck. Do not ignore the issue.
Answered on Jan 06th, 2012 at 8:58 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. It sounds completely civil to me and I think that you will win any criminal charge based on the limited facts you gave.
Answered on Jan 05th, 2012 at 4:58 PM
If criminal charges have been filed, it is a criminal case. You have a strong defense based in the contract you have with this person. You should retain a criminal defense attorney who also practices in the area of contract law or civil litigation.
Answered on Jan 05th, 2012 at 4:51 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It is unless the police investigate and seek a criminal warrant. They usually shy away from these kinds if things when there is an obvious civil remedy, but if they think they can prove the crime, they can and will turn it over to the prosecutor. If this happens, do not speak to anyone without an attorney on board.
Answered on Jan 05th, 2012 at 4:46 PM
Bruce Elliott Goodman
Individuals file civil suits, criminal charges are filed by the state. Whether or not the Licensee sues you civilly, since criminal charges have been brought by the state, you will still need to defend against the criminal charges.
Answered on Jan 05th, 2012 at 4:40 PM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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Even though it might have been possible for the person in Florida to have made a civil claim, there still can be criminal charges, although you may well have a valid defense. You should immediately hire an attorney who is experienced in criminal cases.
Answered on Jan 05th, 2012 at 4:36 PM
Gary Moore
Unfortunately, the police take complaints which are really more civil than criminal. You will just have to deal with the charge and seek to have it tossed out as soon as possible. You will need an attorney to help you deal with the prosecutor's office which is involved.
Answered on Jan 05th, 2012 at 4:18 PM