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kimirufus

Junior Member
I live in Oklahoma. My husband is in construction business. He put a stop payment on a check because the material was no good. They are now suing him for obtaining property by false pretense, but all he did was stop payment on the check. He offered to pay for the material that was still good and usable, but they refused. The state statute that they have him for is a felony. But does he not have a right to stop payment on a check if the materials was not usable. They have him sued under statute 21-1541.1. But shouldn't they have him under statute 12a-4-403.. If any body can help me please let me know.
 


seniorjudge

Senior Member
Is your husband being sued civilly in court or has he been arrested for the felony charge of writing a bad check?
 

seniorjudge

Senior Member
Chapter 61
Section 1541.1 - Obtaining Property by Trick or Deception - Attempt - False Representation or Pretense - Confidence Game - Penalty
Cite as: O.S. §, __ __


Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any person, firm or corporation any money, property or valuable thing, of a value less than Five Hundred Dollars ($500.00), by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instruments or device commonly called the "confidence game", or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.


http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69936


From your description, it sounds like he is being charged with this statute.
 

Dandy Don

Senior Member
Why didn't he take the defective material back to the supplier and discuss the matter with the supplier? Stopping payment on the check was not the right way to resolve this.
 

kimirufus

Junior Member
He did try to take the material back but the supplier refused to take it back. That is when he stopped payment on the check. He even agreed to pay for the material he could use and just not pay for the bad material and they still refused.
 

justalayman

Senior Member
He did try to take the material back but the supplier refused to take it back. That is when he stopped payment on the check. He even agreed to pay for the material he could use and just not pay for the bad material and they still refused.

well it seems that would be his defense. Since it shows he did not decieve anybody to obtain anything, he is not guilty.

If there was no intent to defraud, then he can't be guilty of the charge.

He still has ALL the material sequestered somewhere, right?
 

red_six

Junior Member
the reason why you are getting sued is because you can ONLY legally put a stop payment on a money order if it is LOST or STOLEN... because it is NEITHER, you technically cannot put a stop payment on it.. legally... the person has a right to cash your money order if it is the person you wrote it to...

in the affadavit.. they even make you sign to make it explicitly clear that you can only put a stop payment if it is lost or stolen or befrauded only.

because you did a stop payment for the wrong reasons.. you dug yourself a hole..

the only thing i can advise is pay up the money order.. and then sue them back for selling you faulty goods

good luck
 

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