I gave my girlfriend at the time $1,100.00 to make some payments for me since I did not have a bank checking account. I had her write a check for $600 to make a payment to my union, 2 weeks later she closed that checking account, the check bounced and was returned as "account closed". I was not informed about this until a week after the check was returned to my union. We had broken up a few days before she closed the account.
The way I see it she has basically stolen the money from me along with the additional $500 I had her deposit in her account to make some payments for me.
In total she owes me $1,100.00, should I contact the DA or police to press charges?
It's up to you. Do you really want to ruin her life that way? You can always take her to small claims court, and no one gets arrested or gets a criminal record.
Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.
You may, and you may find the police tell you to sue in small claims court. Filing a criminal complaint starts a process that you then can't change your mind on so think twice before you commit, as observed by counsel who already answered your question.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
I wouldn't file a police report on this fact pattern. We are over policed as it is and frankly, it seems petty (to me) to try to have someone you obviously cared about charged with a crime over this amount of money. Besides which, depending on how busy your police department is or how high of a crime area you live in, it may be a DA reject case anyway. Also, given that you were in a relationship with Ms. Sticky Fingers, the DA may feel that there's more to this than meets the eye and may reject it for that reason too. I would just be glad that I walked away from this relationship with Lynette "Squeaky" Fromme with only $1,100 missing. However, if you are dead set on getting your pound of flesh here, small claims court may the way to go. Collecting the judgment, however, can prove to be a daunting task. It's best just to part ways and run a background check on the next Ms. Right.
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