I recently moved from one house to another here in Texas. The movers did a god job but I later found out they stold my $1000 play station III. I am 100% sure they stold it because I over heard them taking about how nice and expensive it was. As soon as I found out it was missing I called my bank and canceld the check for $650 I wrote to the moving company. Now I have a detective calling me saying that if I don't settlle this matter he will get a warrent for my arrest. The owners of this company don't care that I am not satisfied and just want there money. I think this is a civil matter and should be settled in civil court. Can I get prosecuted in criminal court for canciling the check?
2007-09-25 18:05:32 · 10 answers · asked by raulangelrodriguez 1 in Politics & Government ➔ Law & Ethics
Generally, you did not give them a bad check, but stopped payment on a good check. If effect you refuse to pay. That is civil, and I would be surprised if the prosecutor's would do anything about it. You might also want to make a claim to the police about the theft. Check out the detective. Make sure he is on the up and up, and call an attorney, get a free consultation, make it a criminal attorney. Frankly, the police should not be a collection agency.
2007-09-25 18:18:06 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 1⤋
Yes, passing a bad check (or not making good on a check you wrote) is a criminal issue. You can only cancel a check if it is stolen or lost. Cancelling a check for any other purpose is fraud and it is a criminal matter. Any other civil issues you have with the company (like the play station) are irrelevant as far as the check is concerned, although you can file a separate (civil) lawsuit to make them return or pay for it.
2007-09-25 19:14:10 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Did you call the mvers first or report the stolen item to the police? Cancelling payment is usually a last ditch effort... If you can prove that you went through appropriate steps it's difficult for me to believe that a prosecuter would agree to press charges. If not, that's pretty much taking the law into your own hands... and Texas is one tough state.
2007-09-25 18:15:46 · answer #3 · answered by [z]ther 5 · 0⤊ 0⤋
the theft and moving expense are twp different things.by stopping the check you will be charged with theft of services and go to jail for about a year.the teft can not be handled that way.they are not civil matters.i find your story very questionable at best.how come you never filed a claim with the moving company.most things of that nature are listed by the movers. they are checked off when delivered.
----retired texas deputy sheriff----
2007-09-25 20:46:17 · answer #4 · answered by charlsyeh 7 · 1⤊ 0⤋
Stopping payment on a check is perfectly legal, and your right to do.
Now you have to go to court and prove what you have said.
If you are correct, and you can prove it, you have nothing to worry about.
You won't "go to jail" no matter what unless you've made a habit of this.
The "detective" sounds like a private detective who is no different than the guy that guards the mini-mart in your neighborhood.
2007-09-25 18:13:34 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Yes, you've committed fraud and theft by deception. You provided a check and then canceled it. This is a potential felony case for you. Only a court can give you relief for your "stolen" property, you can NOT decide to get it yourself.
2007-09-25 18:37:04 · answer #6 · answered by caffeyw 5 · 0⤊ 0⤋
If you have proof that they DID steal your PS3, then you can back-up your claim. If not, then you might be screwed. Although I agree what you've done is right (in the case they did take it)...the law and the moving company do not.
P.S... why did you spend $1000 on a PS3?
2007-09-25 18:13:15 · answer #7 · answered by Anonymous · 2⤊ 1⤋
Not in most states but Texas has strange laws.. Contact legal aid.
2007-09-25 18:11:13 · answer #8 · answered by spirit dummy 5 · 0⤊ 2⤋
If you don't have money in Texas,you can go to jail for farting in the wrong key!
I would just go to jail before i paid the theives a dime!
\You can also spread the name around so they lose business.
2007-09-25 18:11:05 · answer #9 · answered by Anonymous · 1⤊ 3⤋
i don't know in texas
2007-09-25 18:10:49 · answer #10 · answered by Anonymous · 0⤊ 1⤋