Legal Question in Credit and Debt Law in Texas
Canceled Check
I wrote a check back in October for $625 to a landlord of a friend. 2 weeks past and the check still was not cashed. So I decided to cancel the check since it was not cashed yet. I did have sufficient funds in my account at the time they tried to cash the check. The Landlord has tried to contact me on several occasions trying to collect that money. Now I have received a certified letter in the mail from a lawyer. The letter states that I they take me to court,and I will have to pay $3,000 in fines. They are also trying to collect the money that was owed for the rent from my friend who owes the money. Do they even have a strong case against me since my name was not on the lease? What can I expect?
2 Answers from Attorneys
Re: Canceled Check
The landlord relied on your payment, to his detriment, and did not evict your friend when he could have. Therefore, you owe the debt. You don't seem to care about keeping your word do you?
Re: Canceled Check
Your name may not be on the lease but it is on the stopped check. You're ahead of the game if you pay the $625.
If they sue you on the check, and a check is an unconditional promise to pay, they'll get judgment for the $625 plus attorney fees, plus interest and court costs, and you'll have that judgment shown on your credit report for the next seven years.
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