Legal Question in Criminal Law in Texas
I HAVE A VEHICLE I FINANCE THRU DRIVE TIME I HAD A WRECK, TURNS OUT 2 DAYS BEFORE THE WRECK THE INS CO CANCELED ME FOR NOT SENDING IN ALL PAPERWORK NEEDED BY THAT TIME( I DIDNT KNOW I HAD ANY TO SEND IN) ANYWAYS SO I HAVE A WRECK...CAR POSS TOTALLED, IT GETS BETTER I ALSOMADE A CK BY PHONE PAYMENT AND MY HUSBANDS ACCT WAS COMPROMISED EVERYTHING GOT FROZE BUT THE SENT THE CAR PAYMENT BACK AS NSF.............I NEED TO KNOW WHAT CAN HAPPEN TO ME ABOUT THE NSF I AM TRYING TO WORK WITH THEM ON THE CAR AND SEE IF TOTALLED OR NOT BUT I HAVENT BEEN ABLT TO TAKE CARE OF THE NSF YET CAN THEY PRESS FRAUD CHARGES ON ME? IF NOT WHAT CAN THEY DO?
1 Answer from Attorneys
If you did not know the check would come back NSF, then you would not have intentionally defrauded anyone. Theft by check or fraud both require for you to intentionally commit the crime. Accidents dont count.
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