Legal Question in Criminal Law in Kentucky

Criminal or Civil issue

A $4,100 check was written to me as repayment. I deposited the check into my checking account and at the same time withdrew $1,100 from the original $4,100 for the writer of the check. The check came back as ACCOUNT CLOSED. I have filed charges with a detective. The detective asked a Criminal Judge to sign the warrant but the judge would not sign it. The judge is stating that this is a civil issue instead of a criminal issue. I have been looking on the internet to find a similar case in Kentucky where the person was tried in Criminal court and not Civil. Any suggestions?


Asked on 6/10/04, 3:51 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Criminal or Civil issue

I am not sure that all of the relevant facts are here. There is a fine line between a civil remedy (seeking the collection of money) and criminal (putting someone in jail) in a situation such as this. What was the relationship between you? If the check was given for the repayment of an already existing debt, then you are no worse off and you must sue the debtor for your money. If you exchanged something of value for the check at the same time, then it would be criminal matter, i.e. "Theft by Deception". It seems that this person owed you money for some event for which you gave credit. You either sold him something earlier and he was to pay you later or you loaned him money. In either case, it is not a criminal matter. You must sue to collect your debt. Consult a private attorney for his advice. He can ask relevant questions to arrive at the legal scenario.

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Answered on 6/10/04, 8:45 pm


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