Legal Question in Criminal Law in Texas

A friend of mine said he had someone that could buy my 1995 Jimmy but I would have to wait a couple of weeks for some money. He said since he had a buyer, for me to sign over the title to him and he would give me a check for $500.00 as a downpayment and then when she got her tax money back he would send the rest. I was moving from Lubbock Texas to Troy Texas which is 6 hrs away, so I left the Jimmy with him and then mailed him the title. He sent me a check for $500.00 and when I made the deposit in my bank, it was returned a week later for insufficient funds. He had wrote on the memo of the check payment for Jimmy.... I contacted him and he said he would make a deposit in my account for 500 the next day. I have texted him over and over and he has not responded. Is there anything I can do since I have already signed the title over? The bank has a copy of his check too.

Thanks,

Yvonne


Asked on 4/13/11, 8:37 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

You might try advising him that you plan to report the vehicle as stolen if you do not hear from him immediately. Of course, you cannot report it stolen because it was not stolen - you gave it to him.

You can try contacting the police in Lubbock and see if they would be willing to help you but do not expect anything - again because you gave the vehicle and the title to him. However, it could be argued that it was a theft by deception.

What you absolutely can do is file the case of the hot check in Lubbock. Contact the county attorney's office there to determine how to proceed. (They will likely make you send a certified letter stating certain things that are required by the code to be done before a hot check case can be filed. They may have a form letter they can send to you.)

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Answered on 4/13/11, 12:23 pm


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