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bstrick1411

Guest
What is the name of your state? Texas
I have an issue where my wife wrote a check to a daycare for payment we called the daycare advsd thet we were going to stop pay on the check and we did.and we had arangements to pay the money back to the daycare but the daycare sent the check to the DAs office and know I just recd a call from the da requesting to spead with my wife since she wasnt there they just said there name and did not leave a contact number.,
The origonal check was for 420.00 and i want to see how i can take care of this matter is there going to be a bench warrant issued or are they going to try and serve the warrants in person ?
 


JETX

Senior Member
Putting a 'stop pay' on a check in Texas is deep doo.

Texas Penal Code:
"§ 31.06. Presumption for Theft by Check
(a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of his intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if:
(1) he had no account with the bank or other drawee at the time he issued the check or order; or
(2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.
(b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that:
(1) is sent by registered or certified mail with return receipt requested or by telegram with report of delivery requested;
(2) is addressed to the issuer at his address shown on:
(A) the check or order;
(B) the records of the bank or other drawee; or
(C) the records of the person to whom the check or order has been issued or passed; and
(3) contains the following statement:
"This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution."
(c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent.
(d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence.
(e) Partial restitution does not preclude the presumption of the requisite intent under this section.
(f) If the actor obtained property by issuing or passing a check or similar sight order for the payment of money, the actor's intent to deprive the owner of the property under Section 31.03 (Theft) is presumed, except in the case of a postdated check or order, if:
(1) the actor ordered the bank or other drawee to stop payment on the check or order;
(2) the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue;
(3) the owner gave the actor notice of the refusal of payment and made a demand to the actor for payment or return of the property; and
(4) the actor failed to:
(A) pay the holder within 10 days after receiving the demand for payment; or
(B) return the property to the owner within 10 days after receiving the demand for return of the property."
Source: http://www.capitol.state.tx.us/statutes/pe/pe0003100.html#pe006.31.06

The 'key' to the stop pay problem is in (f)(1) above.
 
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nowpastdue

Guest
I am NOT an attorney.

#1 Why did you stop pay on the check?
You didn't have the money, were not satisfied with the service, you checks were stolen, what? Some matter, most don't.

#2 Did you receive written notice of the dishonor and if you did why did you not take care of it then? Granted in most states stop pay doesn't even require a notice, it appears the TX statute may require one.

#3 You should immediately take about $500 to the DA's office and ask if you can reclaim the check.

#4 If an arrest warrant is issued it will be served on your wife whereever she may be found.
 

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