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  1. #1
    Join Date
    Jun 2010
    Posts
    4

    Default Theft by Deception

    My question involves criminal law for the state of: TN
    I paid a Home Improvement Contractor, who was also a friend, to make repairs on my home. As I understand this was a 'Turn Key' arrangement. He was to take care of everything involved in the improvements. Only a portion of the work was written in a contract. The rest was verbal. I paid cash for some of the work and with checks for the rest.
    My 'friend' convinced me to allow him to craft my 2 carat ring into a pendant. This is something that I planned to do anyway and I was aware he made jewelery. My daughter witnessed me giving him the ring. This friend also offered to have my cars repaired at a customers shop. He stated that if he took them in, the cost would be substantially less.
    Needless to say, little work was performed, cars not repaired and I have not seen my jewelry since. He constantly promises to do the work and return my property but doesn't. This has been going on since March. I had been very patient, but it's painfully obvious that he never intended to fulfill his obligation. After the fact, I check and did not find a H/I license for him. He relieved me of close to 6k not including my ring which cost 3.5 k.
    To try and prove that we indeed had verbal contracts, I would text him angry,detailed messages concerning the scope and nature of the work and items paid for as well as my property. He would call and leave messages that confirmed my claims.
    Are these acts considered theft by deception? Are the checks, texts and voice messages proof enough for my claim?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Theft by Deception

    When you asked him to return the cars and ring, what did he say?

  3. #3
    Join Date
    Jun 2010
    Posts
    4

    Default Re: Theft by Deception

    He has been saying that he would return my ring and refund the money. Wed, June 23, 2010, was the last time that he said that he would bring my ring and half of the money to be refunded. Ofcourse he didn't show.
    That's the response I have in a voice mail.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Theft by Deception

    You can try making a police report. I expect that they'll tell you that it's a civil matter, but if they'll help it's probably the cheapest and easiest solution for you. You can sue for the amounts you describe in a Tennessee small claims court, so that's an option to consider.

  5. #5
    Join Date
    Jun 2010
    Posts
    4

    Default Re: Theft by Deception

    Thank you for your advice.

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