Any help would be appreciated. I live in Georgia and a business I was doing some marketing & web design work for went and filed a warrant application for Theft by Conversion.
The paperwork I got in the mail said:
"ORDER FOR WARRANT APPLICATION HEARING"
The Complainant listed above has requested that this Court issue an arrest warrant for the accussed listed above for the charge shown
Charge: Theft By Conversion
It is the order of this Court that the parties listed above appear before this Court at the date, time, and location shown below, together with all witnesses and evidence they deem appropriate, to show cause why the prayers of the complainant should, or should not, be granted.
This will be held at the Magistrate Court in my county.
I thought this would be a civil issue and that he'd had to pursue me in Court since it was a dispute of a contract, but he's trying to get me arrested, with the advise from his attorney???? His attorney filed this.
Do i need a lawyer or would a Judge after looking at this throw it out and tell him to sue me?
Here is the background story leading up to this:
I've been working with the client for some years now.
It began when the client and I outlined an agreement (contract) for me to do some work...basically, it stated I would handle some of his marketing and web site design, etc... in exchange for $1,500 upfront and that I would come into the office 3 days per week (Tue, Wed, and Thur) and that he'd pay $18 per hour for the time I was there.
Anyhow, we signed the agreement on a Friday and he wrote out a check for $1,500.00 and enroute to the bank, I called my wife and told her to pay some bills since I had the extra cash (the $1,500). Anyhow, I got to the bank and they said the check was no good, not enough funds.
So I called him and he told me to meet at the office in an hour and he'd transfer the funds (the bank was only 5 minutes away from the office).
I got back, he looked in the acct and realized he didn't have any money (the bank told me that when I was there). So, he wrote out another check and transferred some funds into the acct. As I walked out the door, I noticed the amount changed from $1,500 to $1,000.00, when I asked about it, he yelled out "make me some money over the weekend and you'll get the rest".
I explained to him that i just had my wife pay some things based on the fact I was driving to the bank with the $1,500 in hand and that it would cause problems (financially)...he didn't budge from his statement.
ANyhow, I did some of the work that we outlined in the contract at home over the weekend. On SUnday I emailed him and told him that I wouldn't be in on Tuesday because because I planned to do some extra work so I can get the extra money to pay those bills due to the lack of the $500.00.
Anyhow, he called my house and my wife answered and he was yelling trying to figure out where I was and why I wasn't at the office on that Tuesday. She told him that I didn't come in because I was working to make extra money to cover the $500 he shorted me.
After that, I got like 10-15 messages of him yelling and screaming saying that he was going to get me and sue me for taking his money and that I deceived him with the intent of not working.
When I finally called him back, we got into a shouting match of course and I told him I wasn't doing anything else at that point until I get the rest of my money. He asked that I send him all the files I had worked on prior and I told him I would when I get my money.
This went on for about a day (the yelling and back and forth) and he told me he was going to sue me.
I told him he was the one who breached the contract and to bring it on. Then he calls back saying he was going to get an arrest warrant for the "Theft by Conversion".
Anyhow, I got the notice in the mail today (Saturday) and need to know does this guy have a leg to stand on? He has an attorney who works for his office and apparently he filed it because his name is written as the "Complainant" representing the company.
I'm listed as the accused by my first and last name.
Should I be worried about this? Should I go there with an attorney? Obviously I don't have tthe means to pay an attorney thousands or even hundreds of dollars to represent me.
What would you advise? I did some of the work over the weekend, which I could say was valued at the $1,000.00. On my web site on the Terms of Use section, I state that we don't offer refunds once work has began. The $1,500 was mainly to rush and get some of the work done and the 3 days per week I was going to work at the office was for a period of 90 days, at which time I'd be training someone, thus the $18 per hour.
thanks.
Carl
The paperwork I got in the mail said:
"ORDER FOR WARRANT APPLICATION HEARING"
The Complainant listed above has requested that this Court issue an arrest warrant for the accussed listed above for the charge shown
Charge: Theft By Conversion
It is the order of this Court that the parties listed above appear before this Court at the date, time, and location shown below, together with all witnesses and evidence they deem appropriate, to show cause why the prayers of the complainant should, or should not, be granted.
This will be held at the Magistrate Court in my county.
I thought this would be a civil issue and that he'd had to pursue me in Court since it was a dispute of a contract, but he's trying to get me arrested, with the advise from his attorney???? His attorney filed this.
Do i need a lawyer or would a Judge after looking at this throw it out and tell him to sue me?
Here is the background story leading up to this:
I've been working with the client for some years now.
It began when the client and I outlined an agreement (contract) for me to do some work...basically, it stated I would handle some of his marketing and web site design, etc... in exchange for $1,500 upfront and that I would come into the office 3 days per week (Tue, Wed, and Thur) and that he'd pay $18 per hour for the time I was there.
Anyhow, we signed the agreement on a Friday and he wrote out a check for $1,500.00 and enroute to the bank, I called my wife and told her to pay some bills since I had the extra cash (the $1,500). Anyhow, I got to the bank and they said the check was no good, not enough funds.
So I called him and he told me to meet at the office in an hour and he'd transfer the funds (the bank was only 5 minutes away from the office).
I got back, he looked in the acct and realized he didn't have any money (the bank told me that when I was there). So, he wrote out another check and transferred some funds into the acct. As I walked out the door, I noticed the amount changed from $1,500 to $1,000.00, when I asked about it, he yelled out "make me some money over the weekend and you'll get the rest".
I explained to him that i just had my wife pay some things based on the fact I was driving to the bank with the $1,500 in hand and that it would cause problems (financially)...he didn't budge from his statement.
ANyhow, I did some of the work that we outlined in the contract at home over the weekend. On SUnday I emailed him and told him that I wouldn't be in on Tuesday because because I planned to do some extra work so I can get the extra money to pay those bills due to the lack of the $500.00.
Anyhow, he called my house and my wife answered and he was yelling trying to figure out where I was and why I wasn't at the office on that Tuesday. She told him that I didn't come in because I was working to make extra money to cover the $500 he shorted me.
After that, I got like 10-15 messages of him yelling and screaming saying that he was going to get me and sue me for taking his money and that I deceived him with the intent of not working.
When I finally called him back, we got into a shouting match of course and I told him I wasn't doing anything else at that point until I get the rest of my money. He asked that I send him all the files I had worked on prior and I told him I would when I get my money.
This went on for about a day (the yelling and back and forth) and he told me he was going to sue me.
I told him he was the one who breached the contract and to bring it on. Then he calls back saying he was going to get an arrest warrant for the "Theft by Conversion".
Anyhow, I got the notice in the mail today (Saturday) and need to know does this guy have a leg to stand on? He has an attorney who works for his office and apparently he filed it because his name is written as the "Complainant" representing the company.
I'm listed as the accused by my first and last name.
Should I be worried about this? Should I go there with an attorney? Obviously I don't have tthe means to pay an attorney thousands or even hundreds of dollars to represent me.
What would you advise? I did some of the work over the weekend, which I could say was valued at the $1,000.00. On my web site on the Terms of Use section, I state that we don't offer refunds once work has began. The $1,500 was mainly to rush and get some of the work done and the 3 days per week I was going to work at the office was for a period of 90 days, at which time I'd be training someone, thus the $18 per hour.
thanks.
Carl
