Legal Question in Civil Litigation in Georgia
Contracted for Services
I was contracted to set up a restaurant POS system and I haven't been paid. Is that thief of services and a warranty could be issued?
2 Answers from Attorneys
Re: Contracted for Services
GA Code defines Theft of Services as follows: "A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation." You are going to have a tough time convincing a judge that they had the intent to avoid payment AT THE TIME THE SERVICES THE SERVICES WERE OBTAINED. Anyway, I would imagine you had rather have your money than seen them in jail. Sue in Magistrate Court, if the amount does not exceed $15,000.00.
Re: Contracted for Services
Disputes over business contracts are not criminal matters. They are civil matters and you should refer them to your business lawyer. No business should attempt to be in business without a lawyer. Your chances of collection will likely be better if you used a lawyer to draft your contract.
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