If a customer sued me for not returning a deposit, can he also have me arrested?

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If a customer sued me for not returning a deposit, can he also have me arrested?

A customer changed his mind about a job that he wanted done. I didn’t get his deposit back to him as quickly as he thought I should, so he sued me and received a

judgement for $1200.

Asked on October 11, 2018 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can only be arrested if you committed a crime. A crime requires a criminal state of mind, or "mens rea," such as an intention to steal another's money or property. Failing to return a deposit as quickly as would be ideal is not an intention to steal, when the deposit was put down for a job you presumbly can do and intended to do. It was a civil dispute, over the quality of the work or terms of the service, etc. contract but not an intentional attempt to take property which you know you were not entitled to. It was not a crime.


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