Can borrowing money and refusing to pay it back amount to theft?
Here's the deal:
I lent money to someone and I have a witness and contract.
Now he keeps coming up with a new excuse everyday.
So, today I threaten to take him to the small claims court.
His response: "Because you are being childish you will not see or hear from me and I won't pay you the money untill I hear from the small claims court"
Does this constitute theft?
Can I go to the police?
The reason I ask is because the courts are closed here till after the New Year and I need the money asap.
Thanks for your help
2007-12-22 09:18:41 · 6 answers · asked by fm m 2 in Politics & Government ➔ Law Enforcement & Police
You will have to take him to court unless you can prove beyond a reasonable doubt that he had no intention of paying you back when he borrowed the money. (Fraud).
You will get your money back at a lower cost by waiting and taking him to civil (small claims) court, since, even if you could prove fraud, it would take you two to three years to get restitution.
2007-12-22 15:33:44 · answer #1 · answered by Gray Wanderer 7 · 0⤊ 0⤋
If you can prove he intended not to pay you back at the time he borrowed the money then it is theft. Unless you can get him to admit it you will never be able to prove the intent to commit theft. Crimes usually require intent.
You can file a civil case against him, but it will take time. I hope it wasn't too much money, because the likelihood of getting it back is low, even if you wil a lawsuit.
The best hope you have is to wait a few days, then approach him in a nonthreatening way, and apologize for your threat, remind him that you needed to be repaid and he promised to repay you when you lent him the money, and try to work out a small payment plan. You know that he feels bad about not being able to repay you, and is probably embarrassed, so try to get an agreement you can both live with.
PS, the lawsuit is going to take at least 60 days to get a judgment.
2007-12-22 17:32:32 · answer #2 · answered by Cindy B 6 · 0⤊ 0⤋
You willingly gave him the money and had him sign a contract for repayment. It's a civil issue and not a criminal one. This does not constitute theft. Had he taken the money without your knowledge or forcibly took it, then that is a another story. Small claims court is the only way your going to see this issue resolved.
2007-12-22 17:23:51 · answer #3 · answered by Bear 5 · 1⤊ 0⤋
not theft--you have contract and witness--you made a legal money transaction deal.Now its up to you to take them to court to get judgment for repayment.no different then bank loaning money--when you go to court do not forget to sue for court costs and filing fees.
2007-12-22 17:32:17 · answer #4 · answered by southarkansas 6 · 1⤊ 0⤋
You say you have a contract. Is it a written contract with signatures? Yes you can sue him for breach of contract. Time period could be anything from a couple of weeks to several months to resolve.
2007-12-22 19:19:42 · answer #5 · answered by firewomen 7 · 0⤊ 0⤋
NEVER lend money with out expecting NOT to ever get it back, and you wont. chalk it up to experience. If you cant afford to give it away never lend it. You can take him to court but if you have no documentation it's your word against his
2007-12-22 17:23:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋