Good evening. I'll be assisting you with your question.
Hello this is Jim Deegan
In order to make this into a criminal case, the state would have to prove that he intended to keep the money at the time he accepted it into his account, and they have to prove that beyond a reasonable doubt. So, the question regarding whether it can be charged as a crime is probably not as important as whether it will.
In my estimation, this is a very, very difficult criminal case to prove.
As such, it is likely that your only avenue to pursue is a civil case. I'm not saying that you cannot or should not present this to the police, but the odds of it becoming criminal are low, based on what you've told me.
Ok, could this be done in small claims court without an attorney?
Yes, it can be filed in small claims court. Small claims court is designed to be more "user friendly" than district court and it is generally intended to be done without a lawyer.
You can find information and many of the forms you may need here:
Ok, we still may try the police contact first with the thought If they would just call him up and ask a few questions about the issue, he may decide to give her the money to keep the police from calling him anymore. Do you think the police would go to that extent?
The police may interview him, but they will not try to get the money back if they do not file charges.
The threat of lawsuit is often times enough to get a person to comply. I don't know if that is the situation here, but it often is.
Ok thanks, XXXXX XXXXX interview will do the trick. If not we will use the website you gave us for more info on civil lawsuit.
I think that would be wise.
Thanks for your help, goodnight
Glad to help. You have a good night as well.
If there isn't anything else I can do for you, please remember to "Rate" my answer. Good luck!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).