- Aug 25, 2001
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refuse to pay landscaper - go to jail - "theft of services"?
- Thread starter VirtualLarry
- Start date
Captante
Lifer
- Oct 20, 2003
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Idk where this happened can't tell from pics but I can tell you the cops here in New Haven wouldn't do a thing unless threats of violence or an actual robbery was involved. (and maybe not even then!)
And in either of the above situations I would say 70/30 odds the landscaper would be the one that ended up getting a ride downtown.
And in either of the above situations I would say 70/30 odds the landscaper would be the one that ended up getting a ride downtown.
BoomerD
No Lifer
- Feb 26, 2006
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Dine and dash, skip out on a motel, many things fall under the category of "theft of services."
Depends on where it took place. Here in CA it's a civil matter and the police won't get involved. If it was me, my only recourse is small claims or lien her property. A lien is a powerful tool, but takes a long time to complete the process. At the end I'd get my money plus related costs and interest on the amount owed. The client would have had her home auctioned off, though very few let it go that far.
This all changes if you're an unlicensed contractor. If that's the case, the client doesn't have to pay and the unlicensed contractor has no recourse.
- Aug 25, 2001
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Thanks, Greenman, that's basically the info that I was looking for, and mostly expected that's the way it goes in a sane legal state.
One item I forgot. Back in the dark ages when I was first licensed it was against the law to put a stop payment on a check made out to a contractor. Don't know if that's still the case or not.
zinfamous
No Lifer
- Jul 12, 2006
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You must be a yuge fan of Trump, then, if you think that not paying contractors for the work that they do for you is completely legal, and justifiable, or just plain OK.
- Aug 25, 2001
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No, I don't think that, but I likewise don't see moving civil law to criminal law, just because of "feels".
Would you like it if Microsoft could arrest people for having "un-activated Windows", rather than having to taken them to civil court over copyright infringment, and have to prove monetary damages / loss on the part of Microsoft?
For example, you order food at a restaraunt, pay the bill, but don't leave a tip. Is the wattress justified in calling the cops on you and having you arrested?
How do we know that this contractor wasn't a fly-by-night (unlicensed) immigrant outfit?
Last edited:
zinfamous
No Lifer
- Jul 12, 2006
- 110,176
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I see your point and I think Greenman explains it well. I never considered that police won't really arrest anyone for this...though it does make sense. I guess the one thing that I am responding to up there is why would this type of dispute be limited only to utilities, and not to contract service? It is pretty much the same exchange-for-service thing, no?
Captante
Lifer
- Oct 20, 2003
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It's none of those things.... ethically stealing is stealing and very much not ok.
Legally however a dispute over payment of a bill is a civil matter not criminal in most states to the best of my knowledge.
Not sure how the payment to the landscaper thing is going to work out but I'm guessing this "arrest" will morph very expensively into a lawsuit-payday for the arrestee.
- Aug 25, 2001
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I think that too... unless the contractor in question is one of those "slippery" illegals. (Ask @Torn Mind to elaborate.)
- Oct 10, 1999
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he may have been ignorant of the meaning of the law but that doesn't equate to being a Trump supporter or agreeing with the homeowner.
- Aug 25, 2001
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I was actually thinking of some of my tech-support dealings, and people that chronically promise to pay me in installments, but never get around to actually paying me.
- Oct 10, 1999
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Captante
Lifer
- Oct 20, 2003
- 29,982
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Yep.... fail to pay me in full upon completion for the FIRST job and there will never be a second!
Torn Mind
Lifer
- Nov 25, 2012
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Seems like a pretty business friendly rule...kinda makes sense given the business party runs the show at the state level and can overrule the county's donkeys. The state is also a land of shitty weather and rugged terrain, thus they cannot charge a premium like locales with premium real estate. Texas is valuable than say, Nevada; the reason Vegas is "loose" is because they couldn't make money any other way)
Houston Theft of Services Lawyer • Strauss Law Firm
Charged with theft of services in Houston or surrounding areas? The Strauss Law Firm may get your case dismissed. Call 713-586-9200 for more info.
strausslawfirm.com
I suspect that this will end in a nolle prosequi or equivalent(stet, probation before judgment) after the state and bail bondsman get the costs they charge the offender, as the damages of $820 is only $70 above the cutoff for a nonjailable offense.
Houston Theft of Services Lawyer • Strauss Law Firm
Charged with theft of services in Houston or surrounding areas? The Strauss Law Firm may get your case dismissed. Call 713-586-9200 for more info.
strausslawfirm.com
What is Theft of Service in Texas? - Law Offices of Keith G. Allen, PLLC
Someone who attempts to obtain a service using threats or deception may face theft of service charges in Texas. Contact an experienced criminal defense attorney right away to discuss your case.
kgallenlaw.com
Goes to show that each state still is its own country with its own idiosyncrasies.
Torn Mind
Lifer
- Nov 25, 2012
- 11,180
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The sized you up and know that you won't go to court on them and due to your health issues, they know you might expire early. Even if you did win a judgment, the garnishment process doesn't make it to collect. They provided job info? They could simply quit and change jobs. Bank account? They might close the bank account they disclosed to you.
Given it is tech support, you probably don't have the above info anyway.
Captante
Lifer
- Oct 20, 2003
- 29,982
- 10,495
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Yep.... going to court and getting a judgement is one thing.
Actually collecting money OTOH is another entirely.... big aggressive collection agencies often fail to do so successfully even with judgements in-hand so what chance does an individual have?
I think that changes things pretty dramatically. As far as I know (not very), there is no license required to be a contractor in Texas. So there may be other laws in place to protect them from none paying clients.
BoomerD
No Lifer
- Feb 26, 2006
- 62,045
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Lost_in_the_HTTP
Diamond Member
- Nov 17, 2019
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'Theft of Services' is usually taking something you don't have an agreement with the provider for. Tapping in to your neighbor's cable TV or water line for example. You never contracted with the utility for it, you just took it.
Having you car serviced, refusing to pay and driving off the lot might fall into it.
Hiring someone to work at your home and refusing to pay wouldn't fall into that.
Having you car serviced, refusing to pay and driving off the lot might fall into it.
Hiring someone to work at your home and refusing to pay wouldn't fall into that.
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