Legal Question in Credit and Debt Law in Kentucky

I purchased a money order at a conveinent store with my debit card and two days later the manager of the store calls me and said that the clerk was not suppose to take a debit card to purchase a money order and that they didnt get there money and i needed to come in and pay for all of it again, i looked on my debit card statement and i was charged for the money order of $1.79 but not for the amount of money order $100. I no longer have the money in my account but they continue to harrass me calling and threating to call police can they do that? I have both receipts where i paid it.. I know morally its not right for me not to pay it, but i dont have it now and shes not accepting that. Actually I dont think i have to pay them because i have receipts showing that i paid it. Any legal advice would be appreciated Thank you very much.


Asked on 7/11/11, 9:08 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

They can certainly file a misdemeanor theft charge against you. The fact is that you accepted a money order for $100 in exchange for making payment through your checking account, a payment which was never processed as there are insufficient funds in your account to cover it. That you have a receipt showing that you "paid" means absolutely nothing. You also get a receipt saying you "paid" for products or services when you tender a personal check as payment, but if it turns out to be a cold check, you will still face criminal charges for it.

If they file a theft charge against you, not only will you owe the $100, but you will also owe court costs and attorney's fees.

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Answered on 7/11/11, 9:35 am


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