Legal Question in Civil Litigation in Indiana

Hi there -

Quick question for you....Unfortunately about four months ago I did something that I would never do, and I cost a great friendship from it - I stole money from one of my best friends because I was in a huge bind (mortgage payment, car note, wife lost her job...). I admitted to my friend that I did take the money from him and explained the reasons. I was grateful that he did not press any charges!! We both agreed that if I paid the money back (the money that I took) within a week that everything would be settled between us and no action would be taken. He got the money back and I also wrote up an agreement / receipt that we both signed / dated. Before I gave him the cash back (during that week's span), I did provide him with two (2) personal checks covering the amount of money that was taken. That way he had piece of mind knowing that if I did not pay him the cash, he had the checks in which they would cover the amount.

So....In the agreement, that him and I signed / dated, it clearly states that everything is satisfied and that no further action would be taken. It also states that the two personal checks (in which I provided to him - the amounts of both checks were written on the agreement as well) would be void and not cashed since he was satisfied. I did not think to put "stops" on the checks since the agreement that we signed said that the checks would be voided anyways. Well, I am not sure if times have become tough for him or if he was trying to pull a quick one on me, but he cashed one (1) of the checks two days ago. The check that he cashed was dated the same day that we signed the agreement and it clearly states the check number, and the amount of the check in the agreement. I have been trying to contact him, but to no prevail, he does not answernor return my phone calls. If I decide to take this to small claims court to retrieve me money on the basis of a breach of contract - do you think that I will have a good chance of winning the case? Thank you so much for your time and any information is greatly appreciated!


Asked on 12/21/10, 2:02 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

If you have proof that he was already paid in full AND THEN he cashed the check to obtain money over and above what he was to receive, then yes. You should still have an attorney actually read the agreement to make sure that the information you provided is accurate.

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Answered on 12/29/10, 1:31 pm


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