Can failing to pay for interior design services, including furniture and accessories, be considered as theft by deception?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can failing to pay for interior design services, including furniture and accessories, be considered as theft by deception?
A long time friend of the family employed my services as a designer to decorate and accessorize 2 multi-million dollar properties. He paid as billed initially but refuses to pay the balance of $98,000 saying that I charged too much. I have been advised that liens in KS only apply to construction not personal property and services.
Asked on July 20, 2011 Kansas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Some States have laws that if one receives product or services without ever making a payment for such, there is a prima facia case for a theft claim which is a crime.
In your situation, there has been payments for services and product. So I do not see the failure to pay the balance a criminal act. It sounds the person who owes you money has a cash flow problem at this point in time since there had been some prior payment.
It sounds that you need to speak with the person who owes you money to see if voluntary monthly payments can be made before considering legal action.
Most likely you cannot have a lien for what you provided the customer since you are not a licensed contractor in your State. You are an interior designer. If efforts for voluntary payment are not met to your satisfaction in the next month or so, then you should consult with an attorney about what to do. $98,000 is a lot of money to be left unpaid. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.