Legal Question in Criminal Law in Kansas
bad check
My husband wrote a bad check in Kansas. The owners came to Iowa to reposess some of the property. Which we handed over some of it. Now he is being charged with theft. Nothing has been said about the portion of the property that has been returned. Is this case a criminal or civil if some property has been returned.
1 Answer from Attorneys
Re: bad check
If you have been served w/summons and Complaint/Information in which you are charged with theft, that is a criminal matter. Under the criminal case, often restitution is due from the offender. If some property was recovered by the owner and was not damaged, then the value of that property would not be recovered in the criminal case. A civil case would be a separate Petition filed by the owner of the property for recovery of the same.
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