HELP!! Not sure what to do!!

What is the name of your state? South Carolina/North Carolina
If someone submits a blank money order for payment, keeps the stub of the money order and later finds out that the payment was never posted to his account but that the money order was instead filled out by someone and deposited into their bank account, can anything be done. He was given no receipt other than the stub being stamped with a stamp with the company name....we found out that the money order was traced and found to have been cashed by the person who worked there. Since he gave them the money order blank, the person just made it out to themself and deposited it into their account. Is he just out of the money or can he or the company press charges???

kknight said:

If someone submits a blank money order for payment, keeps the stub of the money order and later finds out that the payment was never posted to his account but that the money order was instead filled out by someone and deposited into their bank account, can anything be done. He was given no receipt other than the stub being stamped with a stamp with the company name....we found out that the money order was traced and found to have been cashed by the person who worked there. Since he gave them the money order blank, the person just made it out to themself and deposited it into their account. Is he just out of the money or can he or the company press charges???

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The company can pursue Embezzlement charges. The statement that the money order was blank when submitted by the tenant will be irrelevant.

In North Carolina, the law says:

§ 14‑90. Embezzlement of property received by virtue of office or employment.

If any person exercising a public trust or holding a public office, or any guardian, administrator, executor, trustee, or any receiver, or any other fiduciary, or any officer or agent of a corporation, or any agent, consignee, clerk, bailee or servant, except persons under the age of 16 years, of any person, shall embezzle or fraudulently or knowingly and willfully misapply or convert to his own use, or shall take, make away with or secrete, with intent to embezzle or fraudulently or knowingly and willfully misapply or convert to his own use any money, goods or other chattels, bank note, check or order for the payment of money issued by or drawn on any bank or other corporation, or any treasury warrant, treasury note, bond or obligation for the payment of money issued by the United States or by any state, or any other valuable security whatsoever belonging to any other person or corporation, unincorporated association or organization which shall have come into his possession or under his care, he shall be guilty of a felony. If the value of the property is one hundred thousand dollars ($100,000) or more, the person is guilty of a Class C felony. If the value of the property is less than one hundred thousand dollars ($100,000), the person is guilty of a Class H felony.

You're in serious trouble. You need to hire an attorney ASAP, and seriously consider paying the money back. Immediately.

Punishment for Class H felony in North Carolina

What is the punishment of a class H felony in North Carolina. The person has no previous record. The charge is embezzlement under $4000. Thanks!!

kknight said:

What is the punishment of a class H felony in North Carolina. The person has no previous record. The charge is embezzlement under $4000. Thanks!!

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I will post this link for your question. It is too long to copy and paste. The chart seems a little confusing at first but study it and you will be able to figure it out.

With no previous record it would fall under the C/I/A, which means C for community punishment, I for intermediate punishment, A for active punishment.

I agree with the others, get an attorney.

Link: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html