Legal Question in Consumer Law in Virginia

Re: a customer refused to pay a money for her food, can I call the cop?

There are two different parts here. Obviously she is unhappy with the food. She has a complaint. It would probably be smart to give her a free dinner because of her complaint.

However, it is illegal to get food and not pay for it. But that is based on the idea that the person intends to eat the food and run away. In your case, I don't think that is what is happening. If she keeps calling you, she is not running away. She has a real complaint, that she wants to resolve. So I don't think the court would convict her.

But here is the statute:

Va. Code � 18.2-188 says:

It shall be unlawful for any person, without paying therefor, and with the intent to cheat or defraud the owner or keeper to:

1. Put up at a hotel, motel, campground or boardinghouse;

2. Obtain food from a restaurant or other eating house ...

It shall be unlawful for any person, with intent to cheat or defraud, to obtain credit at a hotel, motel, campground, boardinghouse, restaurant, eating house or amusement park for food, entertainment or accommodation through any misrepresentation or false statement.

...

The penalty is a Class 5 felony if the value is over $200 or if the value is less than $200, a Class 1 misdemeanor (punishable by up to a year in jail).

You asked:

In addition, she was very rude by saying F-word in every call she made. Can I charge her for versal assualt as well?

-----> No. There is a law in Virginia "insulting words," but it is not enforceable. There are U.S. Supreme Court rulings that make this unconstitutional. So you cannot prosecute her for using insulting words. The statute is on the books, but it is invalid under Supreme Court rulings.

Re: a customer refused to pay a money for her food, can I call the cop?

Leaving a restaurant after having consumed a food and/or drink order and without paying the bill for it is larceny or some variation thereof. And, therefore, the police or law enforcement authorities responsible for the area where the restaurant is located should be notified.

Re: a customer refused to pay a money for her food, can I call the cop?

I too would say that you should just try to reason with her and give her the free or a discounted version thereof. I know its hard for everyone to put their notions of right and wrong aside, but trust me in that it will be easier on all involved to just let it go.