Is someone able to file larceny charges after giving reciept for money owed?
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Is someone able to file larceny charges after giving reciept for money owed?
I borrowed $1400 from an owner of a scrap business and was to pay by 03/01/11. I was unable to so he told me that it was now $2000 by 03/05/11 and with a signed note that the rest would be paid by 06/12/11. I did as asked and was given a receipt for the original $1400. I told him to take me to court for the rest. Now he wants to press charges for larceny. Can he do this?
Asked on March 14, 2011 under Criminal Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
*Sometimes* not paying back sums owed is a crime, but not usually. What makes it a crime is the intent, or mental state, of the borrower at the time the money was borrowed. If the borrower never intended to repay it, so that he borrowed it under false or fraudulent pretenses, that may be a crime; on the other hand, if it was legitimately a loan and repayment was stalled by hard times, an economic reversal, or a good-faith dispute over the amount owed, while the lender can still sue to get the money, it's not a crime.
Not also that the lender can't change the terms of the loan after the fact; so if when you borrowed it, there was no discussion that you'd owe an extra $600 after 3/1/11, the lender can't add the extra money to what you owe (he may be able to charge you interest, but the rate that can be charge if it wasn't set out in the agreement is capped by law--and he'd have to win in a lawsuit--and it's alot less than an extra $600 on $1400 for being a few days late). The lender can only hold you to the original terms, whatever they were.
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