My ex-roommate is suing for a canceled check.

[Roommatewoes2]

What is the name of your state (only U.S. law)? Florida

What is the name of your state (only U.S. law)? Florida

Hello, I am desperate for some legal advice. Here is my predicament:

My roommate moved out and I wrote her a check for half of the month's rent on behalf of the new tenant, her half of the deposit, and I subtracted the utilities she owed me. The total was for $290.07. After going to the apartment and seeing the state she left it in (trash everywhere, food and many personal belongings including furniture, clothes, books, etc left on the landing and bottom floor of our third floor apartment, etc, I canceled the check immediately. My initial thought was that she had possibly caused damage or stolen things (she and her boyfriend are vile people) and I intended to write her a new check after I assessed the damage.

I took pictures and three of us cleaned and carried down all of her belongings to the trash. It took us about two hours and a lot of work. I told her that I would pay her the same amount minus $50 for our efforts. She still will not send me her forwarding address, and told me that she intends to "ruin me" and that I had committed fraud by canceling the check.

I admit I should have done some research before I canceled the check. I didn't realize it could be a criminal offense. I did not write the check with the intent to cancel it, have never canceled a check before, and I have evidence of the damage, plus witnesses, and written evidence that I attempted to send her a new check. Can I be charged with check fraud? What should I do next to help my case? I am gathering my evidence and creating a timeline. Can I legally charge her for our services of cleaning the mess she was supposed to clean? If she won't accept my new check, or one for the full amount, will that help me in court? Help!

 

[OHRoadwarrior]

It will likely help you in court, it is unlikely to get a charge dropped if it is prosecuted.

 

[latigo]

What is the name of your state (only U.S. law)? Florida

What is the name of your state (only U.S. law)? Florida

Hello, I am desperate for some legal advice. Here is my predicament:

My roommate moved out and I wrote her a check for half of the month's rent on behalf of the new tenant, her half of the deposit, and I subtracted the utilities she owed me. The total was for $290.07. After going to the apartment and seeing the state she left it in (trash everywhere, food and many personal belongings including furniture, clothes, books, etc left on the landing and bottom floor of our third floor apartment, etc, I canceled the check immediately. My initial thought was that she had possibly caused damage or stolen things (she and her boyfriend are vile people) and I intended to write her a new check after I assessed the damage.

I took pictures and three of us cleaned and carried down all of her belongings to the trash. It took us about two hours and a lot of work. I told her that I would pay her the same amount minus $50 for our efforts. She still will not send me her forwarding address, and told me that she intends to "ruin me" and that I had committed fraud by canceling the check.

I admit I should have done some research before I canceled the check. I didn't realize it could be a criminal offense. I did not write the check with the intent to cancel it, have never canceled a check before, and I have evidence of the damage, plus witnesses, and written evidence that I attempted to send her a new check. Can I be charged with check fraud? What should I do next to help my case? I am gathering my evidence and creating a timeline. Can I legally charge her for our services of cleaning the mess she was supposed to clean? If she won't accept my new check, or one for the full amount, will that help me in court? Help!

Fortunately your "legal" research is faulty. It is not a criminal offense! You have committed no criminal act. The vapors here aren't from a smoking gun. It's only the foul breathe she is trying to blow up your arse with her screaming fraud and making hollow threats of initiating some criminal action. No fraud, neither civil or criminal, has occurred.

You ask why? It is because your check was not tendered in exchange for present consideration. Meaning it was not delivered to her in payment for goods presently received or services rendered.

Briefly, criminal fraud occurs when a person has been deprived of something of value by means of some manner of deception, artifice or trickery.

Furthermore, a check is nothing other than a promise to pay. No more, no less. And here the only thing she has been deprived of is the fulfillment of your promise to honor the check. Whatever civil claim she has against you arising out of the tenant relationship hasn't been diminshed by the stop order.

If she wishes to sue you civilly for breaching your promise to pay the face amount of the check as tendered to her, and/or what rental she claims is refundable, fine. But should she do so, you in turn can ounter by claiming as an offset the issues you have mentioned above.

 

[FlyingRon]

I'll have to say I disagree with latigo on this.

A check isn't a "promise to pay" (as a loan or note would be) it's an "order to pay." It instructs the bank (Drawee) to transfer funds to the Payee when presented.

it is a crime in Florida to issue a check when there are not sufficient funds to cover it regardless of what you're issuing it for.
It a misdemeanor. It does rise to the level of a felony when you use it to get goods or services with a value of $150 or more.

 

[TigerD]

I'll have to say I disagree with latigo on this.

A check isn't a "promise to pay" (as a loan or note would be) it's an "order to pay." It instructs the bank (Drawee) to transfer funds to the Payee when presented.

it is a crime in Florida to issue a check when there are not sufficient funds to cover it regardless of what you're issuing it for.
It a misdemeanor. It does rise to the level of a felony when you use it to get goods or services with a value of $150 or more.

However, the check wasn't denied for insufficient funds. There was a stop payment order.
Very different things.

DC

Added: Mail the new check to her last known address - certified.

 

[OHRoadwarrior]

I am not going to get involved in the laundry list of apparent issues here. OP can start with this statute:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.49.html

The reason for the recourse of landlord to be fact the fact is here. After reading the law, read section 7 also.

832.05 Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form.—
(1) PURPOSE.—The purpose of this section is to remedy the evil of giving checks, drafts, bills of exchange, debit card orders, and other orders on banks without first providing funds in or credit with the depositories on which the same are made or drawn to pay and satisfy the same, which tends to create the circulation of worthless checks, drafts, bills of exchange, debit card orders, and other orders on banks, bad banking, check kiting, and a mischief to trade and commerce.
(2) WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.—
(a) It is unlawful for any person, firm, or corporation to draw, make, utter, issue, or deliver to another any check, draft, or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent, knowing at the time of the drawing, making, uttering, issuing, or delivering such check or draft, or at the time of using such debit card, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation; except that this section does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the drawer did not have on deposit or to the drawer’s credit with the drawee sufficient funds to ensure payment as aforesaid, nor does this section apply to any postdated check.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0832/Sections/0832.05.html

 

[TigerD]

Nice statute and completely irrelevant.
The OP did not bounce the check.
The check was not returned for insufficient funds.
The money was in the account at the time the check was written.

The OP stopped payment on the check.

This would only be a crime if there was intent to defraud. (832.041)
In this case, there was no intent to defraud - just a reasonable desire to correct a mistake.

DC

 

[LdiJ]

Nice statute and completely irrelevant.
The OP did not bounce the check.
The check was not returned for insufficient funds.
The money was in the account at the time the check was written.

The OP stopped payment on the check.

This would only be a crime if there was intent to defraud. (832.041)
In this case, there was no intent to defraud - just a reasonable desire to correct a mistake.

DC

I agree, the statute is clear and unambiguous.