Donaldsonville, LA asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Louisiana

Q: Is it criminal or civil? I have a friend who is accusing me of not giving him a refund of 800 dollars for some shrimp.

I DONT own a business but I do know of people in the seafood industry and at time I am able to get great deals. I had a friend who wanted shrimp but he changed the order at the last minute and I had to cancel it. I gave him his 850 dollars cash back but now he is saying I didn't pa him back. I had a cop call me and ask about it and I told him I refunded the money. The officer told me he wanted to press charges but I want to know if this is a civil or criminal matter in Louisiana?

3 Lawyer Answers

A: It can be both. If your supposed friend contacts law enforcement and makes some sort of allegation that you committed a crime against him----theft of money is a crime---and the law enforcement officer issues you a summons or arrests you, then you are in the arena of a criminal matter, which must be proven against you by the standard of beyond a reasonable doubt. If your supposed friend files a suit on his behalf against you seeking damages then it is a civil matter.

A: This is civil, not criminal. But cops don't always.know their boundaries.

A: Could be either a small claim court or state criminal charge, depending on how it is filed, investigated and presented for approval.

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