united-states theft kentucky deposit
What kind of &quot;theft by...&quot; is it when someone refuses to return deposit?
<p>I made a deposit payment to a moving broker but never signed the agreement.  They are refusing to return my deposit.  &quot;Theft by unlawful taking&quot; doesn't apply because I willingly gave them the deposit, neither does &quot;theft by deception.&quot;  This seems like it is some kind of theft, just trying to figure out what.</p>
<p>I live in Kentucky, the moving &quot;broker&quot; lists Chicago, IL as their main office.</p>
<p>Regarding an answer below about &quot;damages&quot;, i.e. expenses incurred on my behalf, 1) they have no valid contract 2) I didn't wait until the day before the move.  I notified them a few days after the deposit and that was well over a month before the move date.</p>

<p>This is not theft, this is a contract dispute. You gave them money, they promised to do certain things, the contract says what that is. I surmise that they wanted a deposit to cover their costs in further dealing with you (moving is more complicated and costly than buying a loaf of bread), so in walking away from the deal, you've economically damaged them to some amount. The deposit is &quot;liquidated damages&quot;.</p>
<p>Your recourse is to sue them for that amount, because... Perhaps you didn't understand <em>why</em> you were giving them this deposit (an act that constitute <em>some</em> level of agreement), but any time you hand over a deposit, there is a circumstance under which you will not get that money back, and you have to understand what that circumstance is.</p>

<p>Perhaps two:</p>
<ol>
<li>Theft by unlawful taking could apply at the moment you requested return of the deposit. At that moment, they no longer have you permission to keep the money.</li>
</ol>
<blockquote>
<p>Ky Statute 514.030 &quot;(a) Takes or exercises control over movable
property of another with intent to deprive him thereof&quot;
<a href="https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=42315" rel="nofollow noreferrer">https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=42315</a></p>
</blockquote>
<ol start="2">
<li>Theft by deception is a more difficult argument. The argument there is that when the company accepted your deposit, they never planned on giving it back.</li>
</ol>
<blockquote>
<p>Ky Statute 524.040, &quot;(1) A person is guilty of theft by deception when
the person obtains property or services of another by deception with
intent to deprive the person thereof. A person deceives when the
person intentionally: (a) Creates or reinforces a false impression,
including false impressions as to law,value, intention, or other state
of mind;&quot;
<a href="https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19805" rel="nofollow noreferrer">https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19805</a></p>
</blockquote>
