Shoplifting, Larceny, Robbery, Theft Felony Theft for Holding Property for money that is owed to me B2B

[ChrisG1984]

I own a small retail frurniture store in texas and I made a verbal agreement with said party to pay x amount of the lease, and half the electric bill and they could use all the walls to sell his paintings and the back room for painting, well in the process of a art show his artist damaged some of the sofas and he agreed to pay half of the cost to fix the sofas. After that he stopped by the store to drop off the check for $200 which i cashed and proceed to ask for the 3 months of electricty bills he owed and he refused to pay it so i didnt give him his 2 pieces of art back until he paid me the total amount owed. 3 days later he puts a stop payment on the $200 dollar check and now hes pressing felony theft charges on me and i was contacted my the houston theft department is this right? Can he put criminal charges on me? Isnt this a civil matter? Wasnt this B2b there for different laws apply?

 

[mightymoose]

It is up to the district attorney to file criminal charges. Chances are that he made a report to police and the report has not yet made it to the DA. If it is as you say it would likely be rejected by the DA.
Yes, it is very much a matter for civil court. Personally, I would not have even taken the report if I were the one called out... however there is no telling what the police officer was told. It sounds like nobody has your side of the story yet. Once they do all the police involvement will quickly disappear.

 

[army judge]

I own a small retail frurniture store in texas and I made a verbal agreement with said party to pay x amount of the lease, and half the electric bill and they could use all the walls to sell his paintings and the back room for painting, well in the process of a art show his artist damaged some of the sofas and he agreed to pay half of the cost to fix the sofas. After that he stopped by the store to drop off the check for $200 which i cashed and proceed to ask for the 3 months of electricty bills he owed and he refused to pay it so i didnt give him his 2 pieces of art back until he paid me the total amount owed. 3 days later he puts a stop payment on the $200 dollar check and now hes pressing felony theft charges on me and i was contacted my the houston theft department is this right? Can he put criminal charges on me? Isnt this a civil matter? Wasnt this B2b there for different laws apply?

You should speak to a criminal defense lawyer.

There are so many things that are problematic with your situation, we can't help you properly here.

Hire a lawyer.

There are no oral agreements regarding matters of property.

If you had no written lease, Texas state statute applies for COMMERCIAL leases.

Secondly, self help remedies always end poorly for the actor (in this case, YOU)!!!!!

Now, you've upped the ante into the arena of criminal law.

This going to cost you.

You now need to mitigate your losses.

You also want to avoid a conviction, hence the need for an attorney!



http://www.rentlaw.com/texaslandlordtenantlaw.htm

http://www.tenant.net/Other_Areas/Texas/tenants.html

http://texastenant.org/