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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38217
Experience:  17 years practicing criminal defense.
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State.. Kansas Problem.. part time handyman worked around

Resolved Question:

State.. Kansas

Problem.. part time handyman worked around a house for awhile then recieved a 6000 down payment for future work and then was transferred to Texas before he started the work.

client recieved an uncontested judgement for the 6000 plus interest. The DA has been discussing criminal charges since only a few sporadic payments have been made in the last 2 years. This happened 2 years and 3 months ago. Can he pursue this? What are the odds he will pursue it if the client isn't sure they want to.

the handyman (me) has to file bankruptsy and has to decide if I include this, can I go to jail or arrested?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Barrister replied 6 years ago.

Hello,

 

If the client doesn't push for any type of criminal charges to be placed, then the DA is not going to do this on his own. They simply have too large a caseload to go after cases involving money where the victim doesn't want to pursue it.

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Since this is a breach of contract case, I don't see this as being a criminal action unless you intentionally defrauded the homeowner.

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If you file bankruptcy, you would want to include this debt to extinguish your legal obligation to pay the debt. There is nothing that says you couldn't "reaffirm" the debt and voluntarily agree to repay the loan at a later date if the DA threatened criminal charges.

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But I would opine that this is a civil breach of contract matter and the DA wouldn't place any criminal charges.

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thanks

Lawpro

 

 

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Customer: replied 6 years ago.
it's my understanding that the DA believes that I might have intentionally defrauded her. It seems there a lot of handyman contractors that take the down payment and run. This is a fairly small town. Is there a statute of limitations or a timeframe that passes whereby a DA decides not to pursue something like this
Expert:  Barrister replied 6 years ago.

Yes, the statute of limitations for theft or fraud related criminal charges is 5 years from the date of the commission of the act or the date of discovery of the act. (Kansas Statute 21-3106: Time limitations for commencement of prosecutions.)

.

.

thanks

Lawpro

 

 

If I have answered your question, PLEASE CLICK THE GREEN "ACCEPT" button NOW, so that I receive credit for my work. Bonuses are optional and greatly appreciated. If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

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