True Lawyers Ask An Attorney

True Lawyers Legal Forums

True Lawyers has created the largest interactive legal community. Ask An Attorney a Free legal question in your geographical area. True Lawyers matches attorneys by your zip code. True Lawyers legal discussions allows you to find True Answer from True Lawyers. Find out if you have a case.

Login to "Ask An Attorney" Regsiter | Login

  
 
  California Legal Forums  California  Business Law  Grand Theft
Previous Previous
 
Next Next
New Post 6/25/2007 1:56 PM
User is offline hall24
1 posts
No Ranking


Grand Theft 

I am having a problem with a business deal that went bad and need to know what legal trouble I may be in for. I was delivering a trailer from California to Wisconson. I was paid $3800 dollars up front for the job, The company paying me wrote the check out to my co-worker, not to me. The co-worker cashed the check and we picked up the trailer. Once on the road the trailer brakes on the customers trailer we noticed did not work, this was a 9,000 pound trailer and was not safe to pull without brakes. We dropped the trailer back off at the same spot we picked it up from, and told the man it was unsafe to tow. Now my question is, do I need to refund him all of his money, or am I entitled to get my expences back, the man who I was doing the job for told me he is pressing criminal charges for grand theft, along with civil charges. Is this grand theft or fraud if I dont refund him all of his money, or is this a civil matter. How do I work it out since he wrote the check out to my partner and not me, what legal trouble do I face.

Report Post 
New Post 8/28/2007 9:40 PM
User is offline greyfedora
2 posts
No Ranking


Re: Grand Theft 

I'm a law enforcement officer, not a lawyer. 

Sounds like its going to be a civil matter as long as you return the money.  You had a contract either oral or written. Any conceivable criminal charges against you were compromised by the check being written out to your co-worker.  I would think the trailer owner should agree that it is not your fault that the brakes were defective.  Take your expences.  Let him try to get the rest of the money back in Small Claims Court.  Keep your receipts to demonstrate all of your expenses.  Hopefully your partner will return the money.

Report Post 
Previous Previous
 
Next Next
  California Legal Forums  California  Business Law  Grand Theft