Legal Question in Criminal Law in Massachusetts

Criminal or civil case?

I signed an agreement with a landscape contractor and made down payment. This contractor took my check and never come back. He did not answer my phone and did not return my payment. Is this criminal case or civil case?

I called my local police department. The police officer said this is criminal case and I can file a report after I get home. He also mentioned if this contractor came and never finished the job, it would be civil case. But after I got home and called police department again, another police officer told me this is civil case, they do not accept such case.

Now I am confused. Could somebody please give me clear answer of this question? I will go to police department to discuss this issue directly.

Thanks in advance


Asked on 9/24/08, 2:16 pm

2 Answers from Attorneys

Re: Criminal or civil case?

If he took the money and never showed up, it is a clearly criminal case and you should go to the District Court and fill out an application for a criminal complaint. They will schedule a clerk-magistrate's hearing to decide if the complaint should issue. The charge is larceny, presumably over $250.00.

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Answered on 9/24/08, 2:23 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Criminal or civil case?

File an application for a criminal complaint in court.

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Answered on 9/24/08, 3:47 pm


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