What to do if I sold a truck and was paid with a stolen check?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I sold a truck and was paid with a stolen check?

I sold a pickup that I had since new; it was 19 years old. The buyer gave me a check that his uncle gave him out of a family Trust; it was for $20,000. My wife said that he didn’t get title until the check cleared. My bank told me that the check cleared and was in my checking account. I then came to find out that he stole the check from a man’s house. The DA where I live said I did everything by the law, however they were not coming after the money. Legally, can I spend that money to buy a new truck. I want to know should I go ahead and buy my new truck?

Asked on April 22, 2019 under Criminal Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you cannot spend the money: it is not yours, since it was stolen from someone else, and if you spend another person's stolen money knowing (as you do) that it was stolen, YOU are committing a crime--and the person whose money it is can also sue you to get the money back.
What you can do is sue the buyer to get your truck back (or to get money for it): because he did not actually pay you with money to which you are entitled, he has no right to the truck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption