Legal Question in Criminal Law in Massachusetts
stop payment on a check
the appraiser is threatening to prosecute me
3 Answers from Attorneys
Re: stop payment on a check
In order to prove someone guilty of larceny by check you must prove that at the time the check was written and the goods/services were obtained, you knew there were insufficient funds in the account or that you knew that you would put a stop payment on the check. I do not have enough information to tell you whether or not that occurred here.
Re: stop payment on a check
I need to know more facts before I can answer your question. Why did you stop payment on the check? Was there a business reason? Did he do a poor job? If so you may be able to fight the case.
Call if you have any questions.
: stop payment on a check
I agree with Michael. Usually this would not be a criminal matter. You should. in writing, advise the appraiser of the reason for stopping the payment, assuming it is a legally valid reason.
Contact me with any questions.