Legal Question in Criminal Law in Texas

This is a tough one. My husband did business with a company he was supposed to buy product with. He got paid for the product by this company and he was to buy the inventory to sell back to them as a reseller...well we went through financial trouble and he used the money to pay some bills..hoping that he would be able to recoup what was spent..two months later he still hasn't. The company found out and they have since gotten their money back from the Credit Card Company and have decided to let the Credit Card company take over. The Credit card company said they were planning to file charges. My question is...What kind of charges would he face? Do you think they would be willing to negotiate a payment plan since the intention was not to deceive in the beginning.??..he is more than willing to do so or settle with a settlement but is scared he will have to do time in prison...Would this be a civil suit or criminal??


Asked on 8/25/10, 3:24 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

I'm not sure I understand. This sound's like he buys inventory and sells it back to the same company. It appears that they paid him before he paid them. I don't think I understand.

It appears that your husband used his credit card to guarantee the purchases he made. My guess is that he fell behind in his payments to the credit card company and the credit card company is trying to collect it's money.

This really sounds like a civil claim rather than a criminal one to me. You need to contact an attorney familiar with the fair debt collection practices act. If I am not mistaken, debt collectors are not supposed to threaten criminal prosecution.

Read more
Answered on 8/30/10, 7:58 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas