what can be done to stop someone from Harassing/threatening a solider they know is in a war zone, now seeking criminal prosecution for 7 checks written dec 31,2011 that a stop payment issued due to fraudulent misrepresented facts regarding sale of vehicle, pending charges to be file when he returns from his tour in Afghanistan?
Country relating to Question: United States
State (if USA): Texas
nothing,my son is in afganistan until near the end of the year.He bought a truck was told had NEW ENGINE.Wrote 12 postdated chks on 12.31.11.first part of mar. spent +$1000 for repairs, still not running. Mech said had orginal motor,vins match,and the inside was rusted beyond repair,needs to be replace. put stop payment on rest of checks, & notified them on 3-13-12 to file lawsuite upon his return. what needs to be done until then. they know he will get back end of 2012
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.I am very sorry that this has happened to him.He bought a truck was told had NEW ENGINEDid he get this in writing or is this just something that the salesman told him.What did he pay for the truck?lwpat41094.603084294
It is in the adveristment (I have copy), this was a private sale. Mike knows them from HS.
How much did he pay for the truck.
wanted $3500 paid $1500 before stop payment on checks
Probably the best thing for him to do is to file a complaint against the party in Small Claims court. A Small Claims Court is a judicial forum which hears and decides cases involving claims for money only in the amount of $10,000.00 or less. Here it appears that he has a claim for fraudulent misrepresentation and can sue for what he has paid them plus what he has paid for repairs. You can obtain the forms from your local justice of the peace or possibly off the local county court website. You can send him the forms or he may be able to download them from the website and he can file by mail. That will make it a civil claim rather than a criminal one. He can advise the court that he is on active duty and to hold setting a trial until after he returns. Here is a full explanation of the process.http://www.bexar.org/jp/jp2/Small_Claims/small_claims.htm#WhoMaySueA positive rating is always appreciated. If you don't see the rating buttons please advise since there have been some site issues.
Actively practicing trial attorney
thank you so much, what should be w/ the charges they filed for non payment of the checks?
Once he files the lawsuit, he can file a Motion to Dismiss with the court stating that it is a civil issue or in the alternative that any action be stayed until after the civil case is settled.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).