no deposit return - can I file criminal charges? in Residential and Commercial lettings/Freehold issues Posted March 5, 2007 thanks for your reply. personally i believe it is fraud but then again i am not a lawyer. i know i should try the small claims court but as i mentioned once i won the case i cant instruct bailiffs or apply for an attachment of earnings order because she doesnt seem to be living at her old address anymore. the courts will only try to contact her at her last known address and if she doesnt respond then its tough luck for me. thats why im thinking of filing criminal charges as the police will then search for her (as far as i know anyway). but you seem to know more about this. could you tell me why it isnt fraud? im obviously not very objective in this case but surely she has commited a crime. thanks.