Is obtaining money under false pretenses a crime in Chesapeake? I have a copy of the cashed check for $1375. No show.

Question

I also have a copy of the work order and text messages from him stating he would start the work on the agreed upon date. He didn't show and is ducking all phone calls. Is there anything legally I can do?

Susan Fremit · Answer

You need to send a letter to the individual giving him 2 weeks to complete the work. (Make a copy of that letter for your file.)  If the work order is not completed in 2 weeks, take the work order and text messages, along with the copy of the cashed check to the magistrate's office in your county and ask that the person who was a "no show" be charged with construction fraud, which is a felony considering the amount exceeds $200.

Steve Miyares · Answer

Bith obtaining money by false pretenses and construction fraud are criminal offenses in Virginia.  However, for a number of reasons they can be difficult to prove in the criminal context.  If the person has taken your money but done none of the agreed upon work, then you can certainly pursue charges.  Be sure you have all documentation (contracts, work orders, phone records, letters, text messages, emails, or any other releventant documents and communication) and you can go to the magistrate office to pursue a criminal warrant.  If for some reason the magistrate does not find probable cause to issue a warrant, you also have the option of a civil law suit to recover your money.  In that case, you should consult with a local attorney in your jurisdiction to decide your best options to proceed.

Q: Is obtaining money under false pretenses a crime in Chesapeake? I have a copy of the cashed check for $1375. No show.