Is it legal to stop payment on checks for the debt owed?

[Mad_In_Texas]

What is the name of your state? Texas

Someone owes me $1,000 and I can prove this. This person sent two checks for $50. each and then put a stop payment on both checks. I'm told this is fraud. What is my legal course of action? Do I go to the sheriff and press charges? And how does a person collect money here in Texas. If I walk out of court with a piece of paper stating this guy owes me money, how do I collect it?

 

[PayrollHRGuy]

https://codes.findlaw.com/tx/penal-code/penal-sect-32-41.html
That is the state's hot check law. It doesn't seem to cover checks where payment has been stopped by the issuer.

If you can prove that he owes you $1K you need to sue in small claims.

 

[Mad_In_Texas]

Thank you for your reply. I have filed in small claims. The amount I filed for is wrong because I did not know the checks had a stop payment on them. I can prove he owes the money. After small claims I'll have two pieces of paper showing he owes money. How do I collect on that here in Texas?

 

[PayrollHRGuy]

You can amend the small claims complaint. The fact that he wrote you the checks and that he stopped payment will likely help you in court.

When you get the judgment from the court the hard part starts. You can't garnish his wages in Texas. But there are other options.

Read through ALL of this Wiki. https://www.wikihow.com/Collect-on-a-Judgement-in-Texas

 

[not2cleverRed]

You can amend the small claims complaint. The fact that he wrote you the checks and that he stopped payment will likely help you in court.

When you get the judgment from the court the hard part starts. You can't garnish his wages in Texas. But there are other options.

Read through ALL of this Wiki. https://www.wikihow.com/Collect-on-a-Judgement-in-Texas

In amending the complaint, Justifyably Mad in TX should include any fees/fines charged by their bank when the payment was stopped on the checks.