Is it possible to file criminal charges against a business for not delivering or refunding money?

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Is it possible to file criminal charges against a business for not delivering or refunding money?

In 01/10 I purchased $8500 worth of hardwood from a company. They could not deliver the product and refused to refund our money. We are in the middle of a civil suit at the moment.

Asked on December 19, 2010 under Criminal Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is a civil case, not a criminal case.  Your lawsuit is the appropriate way to proceed with the civil case.

If you are claiming fraud in your civil case, fraud can be both civil and criminal; however, on the facts that you have presented, I don't see sufficient information to support a claim for fraud.  If you are claiming fraud, the District Attorney would have to pursue criminal prosecution and that would be unlikely based on the summary of the facts.  Even if there is fraud involved in this case, the District Attorney is unlikely to pursue criminal prosecution because a conviction in a criminal case requires proof beyond a reasonable doubt.  This is a much higher standard of proof than in a civil case which only requires proof by a preponderance of the evidence.  Proof by a preponderance of the evidence means that it is more likely than not that what is being claimed occurred.

 


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