Take legal action: If the individual refuses to pay or respond to your demands, you may need to take legal action. You can consult a lawyer and file a lawsuit in a small claims court, or consider alternative dispute resolution methods such as mediation or arbitration.
Unless the matter also involves violence or an immediate threat there is really not much that the police can do for you if someone owes you money on a loan.
When you file a police report in person, you'll typically need information or evidence related to the incident itself. This information can include things like the names of other people involved, photo or video evidence, and the date and time the incident occurred.
Yes, you can sue someone who owes you money. When someone keeps "forgetting" to pay you or flat out refuses to pay up, the situation can quickly become frustrating. You can take the issue to small claims court and pursue legal action if it falls between the minimum and maximum money thresholds under court rules.
It's possible to serve jail time if you've failed to pay your federal taxes or make child support payments. You can't go to jail merely for owing credit card, student loan, personal loan or other types of debt, which we'll explain below.
In general in the US you have no legal right to know. As I said above this can vary by state. If you are later charged with a crime and prosecuted you have a right to confront all witnesses against you. If the person who made the initial report is a witness for the prosecution then you'll know.
The prosecutor then “files” the case with the appropriate charges in the court of jurisdiction. Can you be charged for a crime without evidence? In the U.S., typically not. There needs to be a certain standard of reason for charging someone with a crime.
No, you are not notified. If you believe one was filed, you can do a local background check at the police department in question to see if any reports have been filed against you.
The police do not care about an agreement to repay a loan. It is not a crime per se, it is a civil tort issue. You have to sue the person to retrieve your money, the police can't help..
If you can't resolve the loan dispute on your own, consider legal action. Unfortunately, that's not a reality for everyone. When clear, consistent payment reminders and communication don't work, lenders may consider legal action to collect an unpaid loan. Seek legal advice before proceeding with any legal action.
If you find think the person that took your property committed theft, file a police report. The police may be able to investigate and help you recover your property.
You can say you don't have it, or a simple no will suffice. If she pushes you and wants to know why, tell her the truth -- she never pays you back, and you can no longer be her bank.
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
If someone owes you money, you can make a claim asking them to repay the money to you, or sending a letter of demand. Before you start a claim against them, you'll need to find out the correct address, name, or legal entity of the other party. If you can't resolve your dispute, you may end up in court.
Generally speaking, mere allegations are not sufficient to bring criminal charges against a person. To initiate criminal proceedings, there needs to be probable cause that a crime was committed – and that the accused individual is the person who committed it.
Can you be charged without evidence? There are some rare instances of individuals being charged with a crime without evidence, but it is an extremely rare occasion when it comes to the California Department of Justice. The police need to have probable cause in order to be able to charge a person with a crime.
Another state can issue an out-of-state warrant to extradite you to the state to face criminal charges. You may be able to have a local attorney appear on your behalf so you don't have to travel to the state.
Most local law enforcement agencies accept anonymous tips or crime reports online or by phone.
Under California law, public records are broadly defined as any writing containing information relating to the conduct of the public's business. This includes records created or maintained by local government agencies, such as police departments, which are subject to public inspection.
Instead, the general rule is that police are allowed to follow you for a reasonable distance to observe your driving and determine if a traffic stop needs to be conducted. As you might imagine, a reasonable distance is interpretative and will vary based on the specifics of the situation.
If you call the police because you weren't paid, they will tell you that it's a civil matter and advise you that you must file a case in civil court to settle the matter. It's not a crime if someone refuses to pay you. The cops don't get involved in debt collection.
If you continue not to pay, you'll hurt your credit score and you risk losing your property or having your wages or bank account garnished.
You could sue them for wrongfully holding your money. However, you first need to find out why they are holding the money. In certain circumstances the bank can hold the money for a variety of reasons. For example, fraud protection etc.