Q: What happens if a customer purchases a product and gives you a check and then puts a stop payment on the check.
The customer then gives a credit card and it has insufficent funds this has gone on for weeks, now the customer is giving excuses one after the other please contact me and see if you can help, the truck driver and out of state can I file federal charges against them.
A: No, you cannot file federal charges against him. The US Attorney decides what criminal charges to pursue in federal court and the District Attorney or Oklahoma Attorney General decides what criminal charges to pursue in state court. You can report the matter to the police. The police may investigate it, inform you that it is not something they can help you with, or they may turn it over to a Investigator with the DA's office or another agency. There are several different criminal statutes that might (and I emphasize "might") be applicable to the customer stopping payment on the check - not on the customer having insufficient funds on a credit card. That said, more would have to be known about the matter. Beyond that, however, is does appear to be something you could take him to court (small claims court if the value of the item is less than $10,000). It may or may not be worth pursuing that depending on the value of the product he purchased, the fact that he lives out of state, and considering he appears to still be in contact with you about trying to pay.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
