Legal Question in Criminal Law in Mississippi

I am a remodeling contractor. I signed a contract with a customer, she gave me the down payment that was quoted in the contract, $6,500. The contract stated that I was to start work in 7-10 days which I had full intent on doing. The carpenter that I was going to use started another job with out my knowledge. I was actively looking for another carpenter. About 3 weeks into this situation the customer called and said she didn't want to do it anymore. This was in October of 2008. Due to this being a small town and the economy, etc. I haven't been able to find work at all. I haven't been able to pay her the money back. Just when I have some of the money she has me arrested on "Home repair fraud". First of all there was never any intent on fraud or any criminal intent. My question is this...Should this be a criminal case or a civil case? And if it's deemed a civil case can I sue for false imprisonment and defamation? Thanking you in advance.


Asked on 6/24/10, 6:54 am

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

It is simply a criminal case for taking the money without the intent to return it. You probably should have refunded part of the money from time to time in payments. If you file Chapter 7 you may be able to avoid liability for both the crime and the funds due to the homeowner. You will need to be able to win the criminal case (ie dismissal) before you will have any chance of winning a lawsuit against her. If the County Attorney filed the charge with the Grand Jury you probably will not have any chance of succeeding in getting money for false arrest. You should expect $10,000 to $15,000 in legal fees for competent legal defense services. Others will offer to do it for less but be very careful because you may just get what you pay for, which would be non-aggressive defense tactics by lazy attorney who does very little to defend you other than to spend you retainer fee. Some lawyers charge a base fee and a per diem fee for each day of hearings. That way counsel is compensated for the services rendered and you do not risk paying for a trial that may be unnecessary if the case is dismissed prior to trial.

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Answered on 6/24/10, 6:39 pm


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