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Breach of Trust-South Carolina

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a1handy07156

Junior Member
As the owner of an auto repair shop, I was recently contacted by someone and asked to locate a transmission for their car. They only wanted the transmission and someone else was replacing it for them. I located the transmission and they gave me $800 in cash as a deposit. A week later the transmission arrived and they picked it up only to call back immediately and state it was not the correct part. After looking into the matter it was determined they furnished the wrong VIN number so a new transmission was ordered and delivered. When the customer came to pick it up they refused the transmission and requested a refund. I told them they would have to wait until the unit was returned to the place I purchased it from and I received my money back from them. Several weeks went by and the transmission was never picked up by the place I purchased it from. About 3 weeks after they refused to accept the transmission I was arrested on breach of trust charges. The warrant stated that with fraudulent intent I took a deposit for a transmission but never furnished a transmission or issued a refund. This is not true because I did furnish a transmission (the correct one for her car) but she refused it. The day of my arrest the local TV station did a story about this interviewing this person and basically accusing me of bad and illegal business practices.

Should this person have been able to legally obtain a warrant since I did furnish a transmission. Should this have been a civil matter not a criminal one? What recourse do I have if any? Can I sue her civilly for anything and if so what?

I have been in business for many years and have never had any issues like this before. This has caused me and my family much embarrassment as well as a substantial loss of income.

It is my belief that this person went to the TV station when they could not get the action they wanted through the correct channels. The TV station apparently went to the local Sheriffs office and demanded my arrest or an on camera interview with the sheriff explaining why I was not arrested. It was then that the deputies arrested me.

Apparently the police did not believe this to be appropriate initially but bowed to the pressure of a TV camera when the local station came to the local sheriffs office and demanded action.

I should also add that the case was immediately dismissed after I paid the customer $800. I however, still have the transmission and have not been refunded the monies I paid for it.
 
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tranquility

Senior Member
It does not seem appropriate for that to be a criminal matter. But, the police and/or prosecutor thought it did. I would not say anything more except to your attorney. There might be some important facts missing from your understanding of what the other party told them.
 

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