Legal Question in Landlord & Tenant Law in Texas

personal checks

Is it a crime to stop payment on a check such as a rent check?


Asked on 6/18/07, 10:02 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Re: personal checks

It depends on the situation. Suppose you purchased a coat and gave the merchant your check to pay for the item. Stopping payment on a check in that situation would probably consitute theft as the merchant accepted your check as payment. If you gave the merchant a check and then he called you to ask you to replace the check because he lost the it, it not be theft to stop payment on the lost check. Intent is the key.

Also it depends on the circumstanses. Suppose you issued a check as gift and then changed your mind. Stopping payment in that situation is probably not a crime.

Generally, if someone gave you something in exchange for your check, stopping payment is not a good idea.

In any event you should probably see and attorney before stopping payment on a check. If you can't afford a lawyer, don't stop payment on the check if you are concerned about committing a criminal offense.

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Answered on 6/19/07, 12:31 am


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