I loaned my exhusband some money by check and wrote on it loan. He mailed me a check to pay it back (pay back loan written on check). He stopped payment on the check and I just got the copy in the mail. The check was for $500. Can I turn it over to the bad check unit or is this civil instead of criminal?
2007-07-23 11:31:37 · 11 answers · asked by Melissa T 1 in Politics & Government ➔ Law & Ethics
I'm in Tennessee- I believe he stopped payment because he didn't have enough money to cover it and that would keep him from gettting in trouble for boucing it.
2007-07-23 11:52:42 · update #1
he should had wrote it for499USD turn him in
2007-07-23 11:35:12 · answer #1 · answered by paulcondo 7 · 0⤊ 0⤋
I'm in Colorado so I'm just going to tell you what I know for MY state, not sure if it changes state to state. In Colorado, that would be a civil matter, not criminal. He stopped payment on the check, it was not returned for insufficient funds making it a "bad check." I had someone come and fix a clock for me and I paid him $250 in a check. The next day, the clock stopped working so I immediately called the bank and stopped payment on the check. It is perfectly legal to stop payment as long as there is a reason you are doing it. I believe your next step would be to serve him with civil court papers... provided, though, that you have proof that this was a loan (signed contract between you and him). Make sure he doesn't have any way to claim this was a "gift" or that you told him he didn't have to repay you. But, just the fact that he wrote you a check for repayment should show that he understood it was a loan...
Either way, this is definitely a civil matter, not criminal.
2007-07-23 11:40:26 · answer #2 · answered by mj_flowergirl 3 · 0⤊ 0⤋
It is civil, it would be a bad check if there were NSF in the bank to cover it, you now need to take him to small claims court if he can not offer you a satisfactory explanation on why he stopped payment. Don't for get to include any bounced check charges you might have incurred as a result of his stopping payment .
2007-07-23 11:38:51 · answer #3 · answered by fieryfox59 3 · 0⤊ 0⤋
Why would it be criminal? If that were the case, anyone who ever stopped payment on a check would be guilty of a crime? I don't think so. Take him to small claims court...after you learn why he decided to stop payment after he wrote it. Gotta be some more to the story....
2007-07-23 11:37:36 · answer #4 · answered by BuckarooBanzai 3 · 0⤊ 0⤋
Criminal Records Search Database : http://www.SearchVerifyInfo.com/Info
2015-10-03 19:11:16 · answer #5 · answered by Aida 1 · 0⤊ 0⤋
Definitely civil. He did not let you cash a check that bounced--only under those circumstances would it be criminal. Otherwise its just that he owes you the money and you will have to file a claim in court to get it.
2007-07-23 11:50:19 · answer #6 · answered by Dean * 4 · 0⤊ 0⤋
There has been no crime committed ,why you would think this is criminal activity, if he stole your check and wrote it out to himself, then yes that would be criminal. Give him a written demand to be paid in full, if he doesn't pay you back,Your best bet would be small claims court if you really want to pursue it.
2007-07-23 11:47:44 · answer #7 · answered by Todd 2 · 0⤊ 0⤋
It can be civil or criminal.
He wrote you a check under contract, and then stopped payment on that check. That's breach of contract, and (depending on the state) check fraud.
2007-07-23 11:35:34 · answer #8 · answered by coragryph 7 · 1⤊ 0⤋
Legally, he is liable for prosecution if you want.
On another level, are you sure he stopped payment with malicious intent, ie. not to repay the debt, or was it just a temporary cash crunch?
2007-07-23 11:39:05 · answer #9 · answered by penjoy 3 · 0⤊ 0⤋
I'd say it's probably civil small claims kinda thing
2007-07-23 11:35:54 · answer #10 · answered by RiddleMeThis 2 · 0⤊ 0⤋