Theft of Services for not paying Trash Man

What is the name of your state?undefinedWhat is the name of your state?NH

I received a call from the Trash Man a few months ago to collect approx $350 in trash removal services. Yes, the guy kept picking up my trash until it was up to $350. It was a monthly fee of about $25.

I had just put house on market because I had tenants that I just evicted and lost 5 months rent on. I returned his call and told him I was sorry I had been unable to pay the bill but that as soon as the house sold I would pay him.

A few weeks later my realtor called saying the Police Dept was trying to contact me. I work two jobs just to pay mortgage and basics without tenants. I contacted the PD they said trash man wanted to press charges. I was hysterical and said I just could not afford to pay him at this time. The law didn't seem very fair when I am unable to recoup any of the monies owed me from the tenants, why could the trash man have me arrested?

The Chief of Police said he would talk to trash man and call me back. I heard nothing for weeks. I thought the trash man was willing to wait for house to sell.

Then one night the Police came to arrest me. They served me but did not take me in. I have gone to court (Arraignment) and pleaded not guilty but to get a court appointed lawyer I have to pay $275.00 because I own a home. If I had that kind of free cash I would pay Trash man so I have to go to court on my own.

Is there some way I can get this thrown out? This seems like a dishonest way of using the court system for what should really be a small claims case.
I never held a gun to the trash guy's head and said take my trash every week.

Besides phone calls I have never received an exact bill from the trash man, now he says in statement that he picked up my trash until April of this year which is not true it was last year in the spring and now he claims I owe him $550 which is not true.

Does anyone have any idea on how to keep me from having a criminal record for being poor?

camchester1 said:

What is the name of your state?undefinedWhat is the name of your state?NH

I received a call from the Trash Man a few months ago to collect approx $350 in trash removal services. Yes, the guy kept picking up my trash until it was up to $350. It was a monthly fee of about $25.

I had just put house on market because I had tenants that I just evicted and lost 5 months rent on. I returned his call and told him I was sorry I had been unable to pay the bill but that as soon as the house sold I would pay him.

A few weeks later my realtor called saying the Police Dept was trying to contact me. I work two jobs just to pay mortgage and basics without tenants. I contacted the PD they said trash man wanted to press charges. I was hysterical and said I just could not afford to pay him at this time. The law didn't seem very fair when I am unable to recoup any of the monies owed me from the tenants, why could the trash man have me arrested?

The Chief of Police said he would talk to trash man and call me back. I heard nothing for weeks. I thought the trash man was willing to wait for house to sell.

Then one night the Police came to arrest me. They served me but did not take me in. I have gone to court (Arraignment) and pleaded not guilty but to get a court appointed lawyer I have to pay $275.00 because I own a home. If I had that kind of free cash I would pay Trash man so I have to go to court on my own.

Is there some way I can get this thrown out? This seems like a dishonest way of using the court system for what should really be a small claims case.
I never held a gun to the trash guy's head and said take my trash every week.

Besides phone calls I have never received an exact bill from the trash man, now he says in statement that he picked up my trash until April of this year which is not true it was last year in the spring and now he claims I owe him $550 which is not true.

Does anyone have any idea on how to keep me from having a criminal record for being poor?

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What statute number were you charged under?

seniorjudge said:

What statute number were you charged under?

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**A: NH Oscar the Grouch 8675301.

HomeGuru said:

**A: NH Oscar the Grouch 8675301.

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(HG.. if I get "Jenny I've got your number" stuck in my head, you are in big trouble!)

ENASNI said:

(HG.. if I get", I've got your number" stuck in my head, you are in big trouble!)

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I know the NUMBER of the Beast...but I still need to know his address.

ENASNI said:

(HG.. if I get "Jenny I've got your number" stuck in my head, you are in big trouble!)

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**A: Yup, that's it Baby. Jingle Bell Rock's replacement tune**************.

seniorjudge said:

What statute number were you charged under?

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The complaint says RSA 637.8

HomeGuru said:

**A: Yup, that's it Baby. Jingle Bell Rock's replacement tune**************.

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Well... thank goodness that puppy is out!

Does any of these number jokes have anything to do with my case?

637:8 Theft of Services. –
I. A person commits theft if he obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment therefor. ""Deception'' has the same meaning as in RSA 637:4, II, and ""threat'' the same meaning as in RSA 637:5, II.
II. A person commits theft if, having control over the disposition of services of another, to which he knows he is not entitled, he diverts such services to his own benefit or to the benefit of another who he knows is not entitled thereto.
III. As used in this section, ""services'' includes, but is not necessarily limited to, labor, professional service, public utility and transportation services, restaurant, hotel, motel, tourist cabin, rooming house and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, gas, electricity, water or steam, admission to entertainment, exhibitions, sporting events or other events for which a charge is made.
IV. This section shall not apply to the attachment of private equipment to residential telephone lines unless the telephone company can prove that the attached equipment will cause direct harm to the telephone system. Attached equipment which is registered with the public utilities commission shall not require a protective interconnecting device. If the telephone company cites this section in its directories or other customer informational material, said company shall duplicate the entire section verbatim therein.
Source. 1971, 518:1. 1977, 175:1, eff. Aug. 7, 1977.

Well by your own post you are guilty of this charge? It has snowballed, and I think that in order for you to not have a criminal record it would behoove you to try to get the money together for a lawyer.

However you have to weight what is more important to you. If you argue for yourself with the arguement you have posted here, your case is definetly in the Trash.

I am sorry about the jokes (sortof) but you could have made those $25.00 payments, Yet you are whining about tenants that did not pay you.

Edit- removing law cite.

Also $350 / $25 per month = 14 months!

Clearly this was not a problem caused by 5 months of back rent.

Additonally your promise to pay may be contributing to the deception.

Why did you not cancel the service?

I agree that this SHOULD be a civil matter, but details and specifics have made it criminal.

Five months of non payment of rent was after the fact definitely, not my excuse I just don't understand the rationale in the difference in laws.

I definitely do not want to stiff the trash guy I just do not have the money for a lawyer or for his now inflated bill. I never received notices etc. or I may have cancelled service. I am hanging on financially by a thread here and having a theft conviction on my record could effect my future employment for goodness sake. I did not intentionally steal anything nor did I say I would not pay I said that I would pay it back when I sold the house but that prompted his charge because he felt I would move and not pay him.

There has to be something I can do to stop this "snowball". I never meant for any of this to happen. I am not a criminal.

camchester1 said:

Five months of non payment of rent was after the fact definitely, not my excuse I just don't understand the rationale in the difference in laws.

I definitely do not want to stiff the trash guy I just do not have the money for a lawyer or for his now inflated bill. I never received notices etc. or I may have cancelled service. I am hanging on financially by a thread here and having a theft conviction on my record could effect my future employment for goodness sake. I did not intentionally steal anything nor did I say I would not pay I said that I would pay it back when I sold the house but that prompted his charge because he felt I would move and not pay him.

There has to be something I can do to stop this "snowball". I never meant for any of this to happen. I am not a criminal.

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Have the guy paid off in full by the time you have to go to criminal court and when you get there, show the prosecutor your paid in full receipt and ask the prosecutor to dismiss the charge.

The inflated amount of $500?? Because the difference of the correct amount and the $500 is the cost of the court appointed lawyer. It just doesn't make sense because although I owe him money now he is lying about the amount to get more.

camchester1 said:

Because the difference of the correct amount and the $500 is the cost of the court appointed lawyer.

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What exactly do you expect a lawyer to do for you? Are their facts to this case you are overlooking?

Pay the money, get the charge dismissed, and sue the trash hauler for the difference in small claims. If it is overcharge than you'll get your money back.