Legal Question in Credit and Debt Law in Indiana

I collected a deposit of $1000.00 for work that was not completed. Customer ask for refund of the deposit. I agreed to return the money. Due to unforseen circumstances, (loss of employee), the deposit was not returned in a timely manner. I was taken to small claims court and ordered to pay $200.00 per month beginning December 07, 2009. I received the judgement order in the mail on November 20, 2009, one week after the court date. The night of November 24, 2009. the Delaware County Sheriff (3) came to my house and took me to the Delawre County jail. They said they did not know why. Finally, by noon the next day, I was transported to Madison Co., jail and charged with theft for the case which had already been heard and set for payment, as referenced above. I was bonded out for $5000.00, in the amount of $505.00 cash. Is this proceedure legal???


Asked on 12/03/09, 9:44 am

1 Answer from Attorneys
Jorge GEORGE Rodriguez Law Offices of Jorge "George" Rodriguez

Depending on the circumstances what happened may be within the law it depends on certain other facts not in your question. A lawyer would need to know a lot more about the exact sequence of events. It is unusual for the criminal case to follow the civil case usually it�s the other way around. However in Indiana exercising control over the property of another with the intent to permanently deprive the owner of any part of the value or use of the property is considered theft a class D felony. The civil case just addressed the restitution portion of the matter but if the elements of the offense of theft can be proven, you may be guilty of theft. You should discuss these matters with a qualified local attorney who can help you sort out the two matters and help resolve the criminal case.

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Answered on 12/09/09, 3:55 pm


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