Full question:
I issued a check to some one and realized it would not be honored by my Bank. I immediately contacted the person and sent them a replacement check drawn from another bank. This individual cashed both checks because the first bank transferred funds from my credit card to cover the check. The individual now refuses to pay my money back. This was a contractor who was working on my home. Can this individual be charged with Theft by Deception The amount of the check is $5500.00.
- Category: Debts and Credit
- Subcategory: Bad Checks
- Date:
- State: North Carolina
Answer:
The determination of whether the contractor can be charged with theft by deception will depend on the specific facts and circumstances of the case. For instance, if the contractor stated that the first check would be destroyed, this could indicate false pretenses. Criminal charges require proof of intent to commit a crime. If the contractor cashed the second check without knowing that the first check would clear, it may be viewed as an innocent mistake, making it a civil issue of seeking repayment rather than a criminal matter.
According to North Carolina law, obtaining property by false pretenses occurs when someone knowingly uses false pretenses to obtain money or property with the intent to defraud (N.C. Gen. Stat. § 14-100). If the value is less than one hundred thousand dollars, it is classified as a Class H felony. However, merely failing to fulfill a contract does not automatically prove intent to defraud.
In summary, whether the contractor can be charged with theft by deception hinges on their intent and the specifics of the situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.