Legal Question in Criminal Law in New Mexico
check fraud
a friend and i agreed that i would help him move. he gave me a check in advance, dated it and signed it. i cashed the check and he later came back and told me he is going to do the move himself and he wants the money back and is accusing me of fraudulantly cashing the check and stealing the money. i have told him that i have the intention to re pay the money however i have had no work in the last few weeks and have no money at this time. he is threatening me with jail and suing me for fraudulanting cashing the check and stealing money. is this fraud? what are my rights? thank you
1 Answer from Attorneys
Re: check fraud
You had a contract. You were paid in advance. He chose to change the terms. He has no legal right to do that. The money is yours; you owe him a move whenever he wants it. You have committed no crime.
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