Legal Question in Criminal Law in California

My mom gave our landlord two checks may 1 st 2011. one for a 1,000.00 and one for 650.00 dated for a week later. when we realized we wouldnt be able to cover check her son in law brought down a check for 600.00 made out to landlord. My mom asked for her check back and was told forgot to bring it but the landlady told her she would tear it up when she got home. She sent her boyfriend back with 3 day pay or quit notice because of other back rents due. At the end of three days she came over and wanted to work things out. I asked her about check and she told my mom and me she had torn it up. Once again we are having problems and we have decided to find cheaper housing. I wanted her to serve us three day and unlawful detainer so I could go into court and have judge preside because of other issues. I checked my moms account wen debit declined. Landlady had cashed check she said she torn up. She did day before 3 day notice served yet did not deduct 650.00 from amount she said we owed. I want to know if we can have her arrested for cashing my moms check she said she had destroyed?

Asked on 7/20/11, 3:53 pm

Brian Michaels Law Office of Brian Michaels

0 users found helpful

0 attorneys agreed

If the check is not a forgery or fraud and there was an indebtedness there is no crime here.

You may have a civil remedy.

Brian Michaels

Answered on 8/18/11, 11:55 am

Keywords

Match Any Match All

Country

State

Area of Law