Athens, GA asked in Criminal Law, Business Law, Consumer Law and Contracts for Georgia

Q: In Georgia, can one person file theft by deception against another person, thus causing a warrant and arrest?

It's a civil type ordeal but threatened with theft by deception for work done and unhappy customer.

1 Lawyer Answer
William C. Head
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Answered
  • Criminal Law Lawyer
  • Sandy Springs, GA
  • Licensed in Georgia

A: Be careful swearing out a criminal warrant, if this is just a CIVIL matter. You can be exposing yourself to a lawsuit. If you have a trusted friend who is a local lawyer, contact that person for guidance. THEFT is not incompetence. Plus, if your agreement was all VERBAL, and no written performance standards were in written form, he/she can claim substantial compliance.

A good rule to follow is to NOT try to use the threat of or the actual filing of a CRIMINAL warrant, in what is a contract type action. Local court judges are already overloaded with too many cases, and will bristle with rage if you have tried to use the criminal justice system to collect a debt that you believe you are owed.

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