Stolen Money

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smokie231

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On or about July 2006 my wife and I started renting a house. In October of the same year, my wife contacted the landlord and told her that due to the uninsulated house being airy and the utility bills going to be high we would have to move that we couldn't afford the rent. (We both are disabled and on a fixed income). With out an answer from the landlord we sent her the rent check at the beginning of November and about 3 days after the landlord received the check she calls stating she was going to lower the rent $100.00 because she didn't want to loose us as renters due to the improvements we made on move in. We cleaned the place up of weeds and trash and threw out over 16 bags of garbage (never got a thankyou either nor a reduction in anything). The landlord said to issue her another check for the lesser amount and that she would destroy the larger check.

On January 7th of this year, my wife had to appear in court over an eviction notice and the landlord asked in her complaint for reembursement of rent for the months we paided the lesser amount. The Judge refused to grant that motion.

After the court hearing, the wife went to the bank to check our balance and seen it was $500.00 short of what it should have been. Upon inquiring with the bank they said our former landlord presented them a check for $500.00 and that they questioned it because they all knew that we were in a health issue dispute with the landlord, but they paided the check. The check was 14 months old.

What recourse do we have on recooping this $500.00 that she scammed us out of? The landlord still hasn't paid us back our deposit yet but that is another issue. Some attorneys tells us that there is a law governing checks that old but the county D.A.'s paralegal won't let us talk to the DA and the paralegal says we don't have a criminal case.

We live in Kentucky.
 
If you didn't ask the bank to stop payment on the check, then you are out of luck.
 
If you didn't ask the bank to stop payment on the check, then you are out of luck.


The problem is that she told us that she would destroy the @500.00 check. I grew up with this woman as a child and never expected her to lie about something like this.

She didn't destroy the check so there was no reason to put a stop payment on the check.

I am going to present this case infront of the Grand Jury the next time they meet and I am hoping that I get a true bill. Everybody in our small town says (including the attorneys) that what she did was illegal and should be charged with Theft by Deception over $300.00, which in this state is a class D felony.
Besides that I will be fileing a Claim against her and her husband in court at the first of the month. The other $500.00 part of this is for failure to return the deposit we paid so looks like I'll be filing 2 cases against them as well as going in front of the Grand Jury.
 
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