Is it against the law to present a check and then withdrawl the funds?

Question

I have a tenant who refuses to pay their rent. When I threaten to oust them they come up with some of the funds and I have allowed them to stay, but they started missing months and I had to go to court to get an eviction started. The tenant then sent me a check for four hundred and when I said they could not stay they went to their bank and put a stop on the check they had paid me with. Is there any legal action I can take to get this money it really belongs to me.

Answer 1

Do not go to the district attorney to  have them thrown in jail for the bounced check.  Usually when being threatened with jail people pay up and then the district attorney can not get a conviction.  This makes the DA your collection agent.  He would not like this because he is being used in a civil matter, when he is supposed to be pursuing criminals.  The DA in my county will only pursue this if you sign an agreement not to accept payment.  Sending them to jail may not get you your money, and it may make it more difficult to collect.  If there is no money there, the guy will not be able to pay you.  You can't get blood from a turnip.

Answer 2

small claims court

Answer 3

If you want the money you'll have to go to court.  Anyone can put a stop-payment on any check they write any time for any reason.  The bank is obligated to do what the account holder asks (yes, they charge a fee for doing a stop-payment on a check, but the bank cannot refuse to do it).  If you're initiating legal action to have them evicted, see if your lawyer can include action to get the money they owe you.  If he/she can't do that, you'll have to file a civil action or take them to small claims court, depending on how much they owe you.

Answer 4

A signed check is a contract promising payment.  In some states you can press charges.  When I was in Tennessee I worked with a guy who's wife went to jail for a bounced check to Wal Mart.  It was for a larger amount and Wal Mart pressed charges.

Answer 5

The check was from a court order to pay you?    Take it to the judge, contempt is a serious charge and he needs to be arrested.     The judge will not be happy about this.

Answer 6

Your legal recourse has nothing to do with the (failed) device for payment.  Evict them and take them to small claims court for the rent.