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    Frienda's Avatar
    Frienda Posts: 3, Reputation: 1
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    #1

    Jul 8, 2012, 03:06 PM
    Do I have a case for theft by deception-NJ
    Neighbor offered to sell me a washer & dryer 500.00. I gave the neighbor $160.00 down payment, three days later neighbor comes back and said my family does not want to sell it and I have to go to the bank to get your money to give it to. Fast forward 3 months later neighbor has only given me half of the money back and after asking repeatedly for the rest have got nothing. Is this a case of theft by deception or is this something I can go to small claims court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 8, 2012, 03:20 PM
    It is not theft. I never heard of theft by deception. But this is breach of contract. And yes you can sue for the unreturned money.

    By the way theft is a criminal issue, not civil.
    Frienda's Avatar
    Frienda Posts: 3, Reputation: 1
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    #3

    Jul 8, 2012, 03:28 PM
    Quote Originally Posted by ScottGem View Post
    It is not theft. I never heard of theft by deception. But this is breach of contract. And yes you can sue for the unreturned money.

    By the way theft is a criminal issue, not civil.
    Thanks, I was just not sure of the category it would fall under, because I thought it was theft since the money was not returned. I will head over the court house this week and file my documents. I will let you know what happens.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 8, 2012, 03:35 PM
    I would give him one more chance. Give him a letter stating that, if he doesn't return the money within 5 days, you will be forced to file a lawsuit.
    Frienda's Avatar
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    #5

    Jul 8, 2012, 04:59 PM
    Quote Originally Posted by ScottGem View Post
    I would give him one more chance. Give him a letter stating that, if he doesn't return the money within 5 days, you will be forced to file a lawsuit.
    I sent a letter regular mail and certified about 3 weeks ago and no response, so I will just go to the court house and file my paper. Do I need to make a report with the police department anyway.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 8, 2012, 05:06 PM
    No, This is not a criminal case.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jul 8, 2012, 06:35 PM
    No, this is not criminal, so no police, it is civil, you just go sue them in court.
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