Legal document vs. Txt Message Who wins?

A

AJ In Mill Creek

New Member
Jurisdiction
Washington
My roommate recently moved out halfway through the lease (the legal way) I told him via txt message I would write him a check for half of the damage deposit to reimburse him for what he payed in. After he was gone I found he had left a huge mess in the apartment for me to clean up and had stolen some items from the kitchen. I no longer wanted to pay him so I stop paymented the check. He decided to sue me in small claims court. The document we signed releasing him of all liability of the lease also includes a clause stating He relinquishes all interest in the damage deposit of the remaining residents. (me) Will the court take the signed document more seriously than the txt message or should I be worried.
 
My guess is that the judge will give preference to the written and signed document rather than text messages but your situation is way too muddy to predict that with any degree of accuracy.

You're just going to have to go to court, tell your story and see how it goes.
 
It will also depend a lot on who is better prepared and explains their position best.

If he had to pay any fees due to the stop payment you might be responsible for that.
 
Your state refers to what you allege to have done, OP, as CHECK FRAUD'
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Read what this WA state licensed attorney has to say about CHECK FRAUD-----
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Check Fraud :: Seattle Check Fraud Attorney Blair & Kim, PLLC
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A rookie mistake, stopping payment on a check used to pay a debt:
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RCW 9A.56.060
Unlawful issuance of checks or drafts.
(1) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he or she has not sufficient funds in, or credit with the bank or other depository, to meet the check or draft, in full upon its presentation, is guilty of unlawful issuance of bank check. The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.
(2) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor the check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of issuing the check or draft is guilty of unlawful issuance of a bank check.
(3) When any series of transactions which constitute unlawful issuance of a bank check would, when considered separately, constitute unlawful issuance of a bank check in an amount of seven hundred fifty dollars or less because of value, and the series of transactions are a part of a common scheme or plan, the transactions may be aggregated in one count and the sum of the value of all of the transactions shall be the value considered in determining whether the unlawful issuance of a bank check is to be punished as a class C felony or a gross misdemeanor.
(4) Unlawful issuance of a bank check in an amount greater than seven hundred fifty dollars is a class C felony.
(5) Unlawful issuance of a bank check in an amount of seven hundred fifty dollars or less is a gross misdemeanor and shall be punished as follows:
(a) The court shall order the defendant to make full restitution;
(b) The defendant need not be imprisoned, but the court shall impose a fine of up to one thousand one hundred twenty-five dollars for adult offenders. Of the fine imposed, at least three hundred seventy-five dollars or an amount equal to one hundred fifty percent of the amount of the bank check, whichever is greater, shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period, the court may not suspend or defer any portion of the fine.
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RCW 9A.56.060: Unlawful issuance of checks or drafts.
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army judge said:
Your state refers to what you allege to have done, OP, as CHECK FRAUD'
///
Read what this WA state licensed attorney has to say about CHECK FRAUD-----
===
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Check Fraud :: Seattle Check Fraud Attorney Blair & Kim, PLLC
===
-===

A rookie mistake, stopping payment on a check used to pay a debt:
..
..

RCW 9A.56.060
Unlawful issuance of checks or drafts.
(1) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he or she has not sufficient funds in, or credit with the bank or other depository, to meet the check or draft, in full upon its presentation, is guilty of unlawful issuance of bank check. The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.
(2) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor the check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of issuing the check or draft is guilty of unlawful issuance of a bank check.
(3) When any series of transactions which constitute unlawful issuance of a bank check would, when considered separately, constitute unlawful issuance of a bank check in an amount of seven hundred fifty dollars or less because of value, and the series of transactions are a part of a common scheme or plan, the transactions may be aggregated in one count and the sum of the value of all of the transactions shall be the value considered in determining whether the unlawful issuance of a bank check is to be punished as a class C felony or a gross misdemeanor.
(4) Unlawful issuance of a bank check in an amount greater than seven hundred fifty dollars is a class C felony.
(5) Unlawful issuance of a bank check in an amount of seven hundred fifty dollars or less is a gross misdemeanor and shall be punished as follows:
(a) The court shall order the defendant to make full restitution;
(b) The defendant need not be imprisoned, but the court shall impose a fine of up to one thousand one hundred twenty-five dollars for adult offenders. Of the fine imposed, at least three hundred seventy-five dollars or an amount equal to one hundred fifty percent of the amount of the bank check, whichever is greater, shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period, the court may not suspend or defer any portion of the fine.
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RCW 9A.56.060: Unlawful issuance of checks or drafts.
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Click to expand...
 
With the information you describe I don't think you'd have to worry about check fraud. There would have to be evidence of intent to defraud which doesn't really fit the scenario.

If you present the document indicating he released interest in the deposit you should be fine. You will certainly be asked why you gave the check anyway, and why you stopped payment. You obviously did it out of kindness, not obligation, and changed your mind after discovering the mess and missing property, which is perfectly legal.
The text message did not create any legal obliging for you to pay or for him to receive.
 

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