"Theft of professional services" is a civil cause of action. Different states have different statutes, but in some states "Theft of professional services" provides a civil remedy for nonpayment of this kind of fee. In this context it does not implicate any criminal charge.Small claims court is a civil action not a criminal one. It's not considered theft, it's a debt. Jail time for willful nonpayment would be extremely rare. Mostly reserved for criminal fines or child support. This is not the 1600s with debtors prisons. That is not done in the U.S., does not happen.