Legal Question in Civil Litigation in Texas
seeking hot check retribution!
A friend of mine recently performed some labor for a local business owner for which he was payed in two separate installments which totalled nearly $2000.00. One of these checks were cashed at his bank and the other at a local business and both did bounce. He is now being held responsible for the amount cashed and we are needing to know how to go about getting these funds from the business owner who wrote the worthless checks in the first place.
2 Answers from Attorneys
Re: seeking hot check retribution!
A lawyer cannot ethically advise you to pursue a criminal prosecution to gain an edge on a civil claim. However, because I am not your lawyer representing you in a civil claim, I can point out and recommend criminal action if it fits. If the first payment was not on credit terms, then he has committed a criminal offense ranging from a Class A misdemanor and a felony, and depending upon whether it was a credit transaction or whether the checks were issued at the time of purchase. Even if a mere hot check issued on a credit transaction, there is still a small misdemeanor offense under the penal code. Although, you can sue the hot check artist in Small Court for a civil judgment, with $2,000.00 at risk, you probably should consult an attorney.
Re: seeking hot check retribution!
Your friend is going to have to sue the businessman that gave him the hot checks. And he's going to have to repay the business where he cashed one of the checks.
Your friend might also speak with the local District Attorney about possible hot check charges.
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