Help! Theft charge for unpaid paycheck advance

[ambergreen99]

What is the name of your state? WASHINGTON STATE

I worked as a nanny for a short period of time, the family paid me a month in advance every month. I left the position in May because I was having a lot of problems with the family/job etc. Anyways, I left in the middle of the month, so I know I owe them $420. I told them I would repay when I had the money. Anyways, time has gone on and I completely forgot about it and I never heard anything from them. I emailed them yesterday to ask about how taxes will work and I get an email back stating that if I dont repay them by April, they are pressing charges against me. They said they are charging me with Theft 2nd Degree (RCW 9A.56.040) which is a felony! I understand I need to repay them, but a felony! That seems crazy to me, I never purposely stole from them or anything like that, I don't even consider it stealing. I would repay them but I am a very low-income person who is pregnant, unable to work right now and trying to take care of my family. I start school in March. I am unsure what do to about this! My question is: Can I actually be charged with this? If so, what should I do?

 

[seniorjudge]

"Anyways, I left in the middle of the month, so I know I owe them $420."

This is a civil matter. Tell them if they want their money, to sue you in small claims court.

http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section&section=9A.56.040

Ask them to point out which part of the statute they plan to charge you under.