Legal Question in Civil Litigation in Texas
Cat Sale by Check
We sold a reistered cat for $250.00 to a person from Louisianna, who paid with a check. This was an ''as is'' sale with no conditional contract. When they got home, they placed a ''stop payment'' on the check and said the cat had fleas and worms(not so) and we were responsible for half of a vet bill. They refuse to pay us the $250.00 they agreed to pay when they examined and accepted the animal and gave us the check for $250.00.
I want to take them to small claims court. Don't they owe what they promised to pay when they signed the check and accepted the animal? There were no promises to pay for any future ailments, and the cat was extensively examined by the buyer at time of purchase, and they decided they wanted it.
She works at the bank(it says ''employee'' on the check) and knows we can't prosecute for a ''hot check'' offense if she put a ''stop payment'' on it. What can I do?
Thanks for your advice,
Steve
2 Answers from Attorneys
Re: Cat Sale by Check
File hot check charges. Buying something then putting a stop order is theft by check.
If you're going to sue them, you'd almost have to sue in Louisiana, since suing in Texas doesn't reach into Louisiana. You'd then have to enter a Texas judgment in Louisiana, and then pursue collection.
Re: Cat Sale by Check
See 31.06 (f) Texas Penal Code at the Texas Statutes linked at http://www.reasonable-doubt.com I think small claims court would be too much trouble, and even a criminal prosecution would be a cat fight.
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