New Port Richey, FL asked in Criminal Law, Business Law and Civil Rights for Florida

Q: I got hired to build a website and do marketing, after taking the payment, I could do the job. I can't afford to refund.

What happens if I can't pay them back. I meant to say I couldn't do the job

3 Lawyer Answers
Jonathan Blecher
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Answered
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: If you had a contract, the terms of that agreement will govern what their (and your) options are. They can sue you for specific performance or a judgment for the refund, plus attorney's fees. They could get a judgment against you. They can also report the incident to the police as theft, but they might consider it a civil matter. You can try to get a loan to complete the work, just maybe at a slower pace. These are tough times for all of us, try to come up with a solution, or slow pay back.

Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I agree with Mr. Belcher and would add that, for it to be considered a crime, there would have to be evidence that you never intended to do the job when you took the money, or that you knew you probably could not do it. That would be fraud. Otherwise, it's a civil matter. Could the customer attempt to convince the police you committed criminal fraud? Of course they can. If you can afford an attorney, you should hire one to make the communications to the customer in order to attempt amicable resolution, such as paying back in monthly installments, maybe with auto-debit. Otherwise, make the attempt yourself.

Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Sorry, had typo in my answer - meant I agree with Mr. Blecher.

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