Legal Question in Criminal Law in Texas

My family and I rented a beach house in Port Aransas, TX last week. When we checked in I gave them a check from my sister's account (she was aware of this) for the balance owed. I was to have put the funds into her account on Friday 7/29 to cover the check. Our direct deposit did not post on Friday and when I called to advise her of this, she "freaked out" and placed a stop payment on the check to the beach house.

I spoke with the property manager this morning who said we could get it paid to her. Then this evening she sends me another email that the property owner is going to file charges against all of us and file a lawsuit. Obviously this has thrown me for a loop and we're all very upset. She went to the Port Aransas Police Dept., also without any warning to me, and reported it. The Sargeant who called me this evening seemed a little perplexed as to why he had been involved, but took my story nonethless and said he would try to reach the property owner.

I've told them I can Western Union the money to them next Friday 8/12, but they have given me only til tomorrow.


Asked on 8/04/11, 6:48 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

If you gave the woman a check and told her that the funds were not in the account yet but they would be in the future, then you did not commit an offense with regard to hot checks. Moreover, to file on a hot check, the woman would have had to sent a certified letter to you guys and if you paid it along with the fees, then there would be no charges.

Your sister's "stop payment" is a bit problematic because she knew at the time she did it that she had already received the benefit of the services. So, at the time that stop payment was made, there should have been cash or a certified check placed in the property manager's hand.

The property manager probably got chewed out by the owner for what occurred. Frankly, she should have had your check and had it deposited before you took custody of the beach house. That is bad business on her part. Regardless, since you spoke with the local cop and he understands what is going on, it is highly unlikely IF you get them the money immediately (along with fees.) They should not have to wait for funds that are now past due when you have already used the beach house.

Did you tell the Sgt about your offer to wire the money next Friday? If so, then it will probably be okay and he wil probably not do anything until after then (if the property manager pushes for charges.) But, you are taking a chance (especially if the property manager or someone on their behalf knows anyone in the prosecutor's office.) Make sure to keep the police in the loop if you cannot pay it off immediately.

You also need to be prepared to pay fees related to the delayed payment and any charges that the company incurred as a result of the stop payment.

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Answered on 8/04/11, 7:22 pm


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