Legal Question in Criminal Law in Arkansas

theft by deception?

I purchase some property with another party in Arkansas, and I was sending her mortgage payments in the from of personal checks made out in her name. She would then use that money to pay the mortgage. Approx 6 months into the ownership, I sent her a personal check for approx. $3000 to pay for the mortgage for 2 months. In the memo area of the check, i had written ''for nov. & dec. payment''. The check was to be deposited into her account then she was to make out another check to the mortgage co. for that amount. Instead of using that money for the mortgage, she used the funds for other bills. As a result, the mortgage was late for those 2 mnths & I had to pay pently fees in excess of $1000. She also cashed a refund check that was made out to the both of us for $800 without my knowlegde. Please note that it was made out to us without the use of ''&'' or ''or'' between our names. She endorsed the check with her name only. She has made no attempt to pay me back. Would her actions be concidered theft by deception, & if so what do I need to do to follow up on this. I live out of state.

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