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  1. #1
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    Default Can You Be Charged With a Crime for Failing to Provide Services After Taking Payment

    My question involves criminal law for the state of: Washington
    I sold a used computer for services I was going to provide but didn't. I want to make it right, but am wondering what I could be charged with, if the other party won't respond. Is this criminal , or will it have to be in small claims?Thank you

  2. #2
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    Oct 2014
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    Default Re: Sale of Goods Given to Me for Services That Were Not Done

    Quote Quoting KeithC
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    My question involves criminal law for the state of: Washington
    I sold a used computer for services I was going to provide but didn't. I want to make it right, but am wondering what I could be charged with, if the other party won't respond. Is this criminal , or will it have to be in small claims?Thank you
    It might be treated as fraud, which is essentially a form of theft. If you never really intended to provide those services when you made the contract then you committed fraud. At the very least, the other party can sue you for the breach of contract.

  3. #3
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    Default Re: Sale of Goods Given to Me for Services That Were Not Done

    The computer I sold, was given to me by the other party first.

  4. #4
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    Default Re: Sale of Goods Given to Me for Services That Were Not Done

    How much did you get for the computer?

    Has the other party complained about not getting the service that you agreed to perform?

  5. #5
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    Default Re: Sale of Goods Given to Me for Services That Were Not Done

    100.00 It was old. Sold it for parts. I never got a receipt, but researching the model, they sell used between 150 and 300 tops

    Yes, and they got someone else. I have made the offer to replace it with another, which costs much more

  6. #6
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    Default Re: Sale of Goods Given to Me for Services That Were Not Done

    Quote Quoting KeithC
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    I have made the offer to replace it with another, which costs much more
    And what did they say to that?

    Although, rather than go on and on with it, why not just send that person a check for $100 and be done with it?

  7. #7

    Default Re: Sale of Goods Given to Me for Services That Were Not Done

    "No fundamental right to drive...there is no fundamental right to drive and licensing laws do not violate the right to travel (Matthew v. Honish, 233 F. App'x 563, 564 (7th Cir. 2007)...The right to travel is not explicitly found in the Constitution...The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people...a catalog of these rights include customary, traditional, and time-honored rights [] that come within the sweep of 'the Blessings of Liberty' mentioned in the preamble to the Constitution. Many of them [] come within the meaning of the term "liberty" as used in the Fourteenth Amendment...The streets of a city belong to the people of the state, and the use thereof is an inalienable right of every citizen (19 Cal.Jur. 54, 407)...Personal liberty largely consists of the right of locomotion...II Am.Jur. (1st) Constitutional Law, 329, p.1135 (American Juris Prudence)...The right to operate a motor vehicle upon the public streets and highways is not a mere privilege, it is a right or liberty, the enjoyment of which is protected by the guarantees of the federal and state constitutions...A traveler has an equal right to employ an automobile as a means of transportation and to occupy the public highways with other vehicles in common use (Adams v City of Pocatello, 416 P.2d 46, 48)".

    In 1935, the [California] Legislature adopted a Vehicle Code (Stats. 1935, ch. 27, pp. 93-98) and at that time set forth the definition of a street or highway as follows (p. 98): 'Street' or 'Highway.' 'Street' or 'highway' is a way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel (Behling v. County of Los Angeles, Cal. App. 2d, 139)...Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them (Miranda vs. Arizona, 384 US 436, 491)...In 1937, the definition was amended to its present form [] striking from the 1935 definition the words 'as a matter of right' [Stats. 1937, ch. 282, p. 617] (Behling v. County of Los Angeles, Cal. App. 2d, 139)...No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws".

    It appears as though Californian's rights to the Blessings of Liberty, within the meaning of the term "liberty" as used in the Fourteenth Amendment, was abrogated in 1937 by virtue of rule making or legislation, without due process of law.
    "For the very idea that one may be compelled to hold his life or the means living, or any material right essential to the enjoyment of life at the mere will of another, seems to be intolerable in any free country where freedom prevails as being the essence of slavery itself." Yick Wo v Hopkins 118 U.S. 356.

    If two or more persons in any State conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators. Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State subjects, or causes to be subjected, any person to the deprivation of any rights secured by the Constitution and laws, shall be liable to the party injured in an action at law,

    IMPLIED CONSENT in violation of 42 USC 1983; 1985(3) - Civil Liability of Ownersand Operators of Vehicles; ARTICLE 4. Service of Process 17459; 17460; 15210 "The acceptance (assent to the terms of an offer) or retention (a species of lien) of a certificate of ownership (all property has an owner, whether that owner is an individual, and the property private, CA-CIV 669) or a certificate of registration (the act of making a list, catalog, or schedule, particularly of an official character) or a driver’s license or any renewal thereof shall constitute the consent [*as in "of the governed"] by the person that service of summons (to cite a defendant to appear in court) may be made upon him in any action brought in the courts upon a cause of action arising out of the ownership (whether that owner is an individual, and the property private) or operation of the vehicle...In the absence of a federal definition, existing definitions under this code shall apply...Driver means any person who operates any commercial motor vehicle (49 CFR 390.5)...Unless otherwise specifically provided, the rules in this subchapter do not apply to the occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise; Operator - See driver (49 CFR 390.3 - General applicability)".

    *Govern (v.); late 13c., "to rule with authority," from Old French governer "steer, be at the helm of; govern, rule, command, direct" (11c., Modern French gouverner), from Latin gubernare "to direct, rule, guide, govern" (source also of Spanish gobernar, Italian governare), originally "to steer, to pilot," a nautical borrowing from Greek kybernan "to steer or pilot a ship, direct as a pilot," figuratively "to guide, govern" (the root of cybernetics). The -k- to -g- sound shift is perhaps via the medium of Etruscan. Intransitive sense from 1590s. Related: Governed; governing.

    *Ment (adj.); From From Middle English -ment, from Late Latin -amentum, from -mentum via Old French -ment; Old Occitan, from Latin mente, ablative singular of mēns (“mind”); mēns f (genitive mentis); third declension, "mind, intellect, reasoning, judgement"; Suffix Used to form nouns from verbs, the nouns having the sense of "the action or result of what is denoted by the verb", e.g. "rule, command, direct, control - mind, intellect, reasoning, judgement".

    "governments are but trustees acting under derived authority and have no power to delegate what is not delegated to them, But the people, as the original fountain, might take away what they have delegated and entrust to whom they please. ... The sovereignty on every state resided in the people of the state and they may alter or change their form of government at their own pleasure." Luther v Borden, 48 U.S. 1, 12 Led 581.

  8. #8
    Join Date
    Jul 2018
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    970

    Default Re: Sale of Goods Given to Me for Services That Were Not Done

    Quote Quoting Tyrant Slayer
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    "No fundamental right to drive.
    WTF does this nonsense have to do with this two month old thread?

  9. #9
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    Mar 2013
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    16,500

    Default Duplicate post - do not respond.


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