Legal Question in Civil Litigation in Texas
Theft Of service
I had a contract with a babysitter and I gave a 2 week notice as I was required but I only left my kids in her care and paid for 1 week, dut to the ''level of service'' my kids began recieving. She is threateaing to take me to court for it and get a misdemeanor put on my record for Theft of Service. Can she do that? Is Theft of service even applicable here??
2 Answers from Attorneys
Re: Theft Of service
Not if you paid for the service provided. And threatening criminal prosecution is a crime; so she has committed a crime against you by threatening to have you prosecuted. For a reasonable fee, you can have her or her attorney call me. That should end this.
Re: Theft Of service
At best she may have a claim for money damages. However threatening criminal prosecution to gain advantage in a civil matter is a criminal act.