Legal Question in Civil Litigation in Texas

Can you sue a friend for writing you a bad check (over 5,000.00 and under 10,000.00) with nothing in writing?


Asked on 2/03/10, 2:59 pm

2 Answers from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

The check would be in writing.

I guess you are asking if you could sue for breach of contract without a written contract. The answer is yes, under certain circumstances.

You should consult with an attorney for an in-depth analysis of your situation.

Good Luck!

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Answered on 2/08/10, 3:07 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, there may be a few different options. Depending upon how good a "friend" this person is; you may want to present the check to the DA's office for yoru "friend" to be prosecuted and pay restitution. Alternatively, you may want to sue your "friend" for the amount of the bad check. Additionally, depending upon when the check was written, you may have to deal with a limitations issue. You should consult with a local law firm to ensure that you are fully protecting your rights and interests. If my local law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.

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Answered on 2/08/10, 4:39 pm


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