Legal Question in Credit and Debt Law in New Jersey
Theft By Deception
This happend in New Jersey, on August 2005 a female hit my car from the rear while I was yielding, she told me not to call the police because her insurance company had dropped her and she was in the process of getting a new policy. She told me she would pay me the money and we exchanged information. I got two estimates one of $2,800 and the other of $2,600. She told me she was in a bad financial situation so I gave her a month to get me the $2,600. She wrote me a letter that she signed and faxed to me saying that she will pay me the $2,600 by the end of September 2005. After a month I did not hear back from her, when I finally contacted her she said that she did not have the money but wanted to set up a payment plan with me where she would pay me $100 per week. She again wrote me a letter, signed it and faxed it to me saying that she owes me $2,600 and she will pay me $100 a week in money orders starting October 10, 2005. After two weeks I had not recieved one money order from her, now she is avoiding my phone calls. Is this a crime of theft by deception, or is this just a small claims crime? I would like to get my money as soon as possible because it has already been a long time.
1 Answer from Attorneys
Re: Theft By Deception
This failure to pay does not appear to be any type of crime.
You should notify your insurance company about this accident, and they will pay for repairs minus your deductible.
YOu should talk to your insurance company about how they will help you get your deductible back.