January 20, 2002, 16:59
Shane HadawayTheft of Service
I have had two checks brought to my office by a hunting guide that have had �stop payment� put on both checks given to them. Each check writer went on the hunt. One check writer claimed he was not satisfied with the hunting. The other check writer gave no explanation. Is this a civil matter or one that my office can file as a theft of service? Any advice will be greatly appreciated. (Note � We may have three more checks come in this week from hunting guides).
January 21, 2002, 10:31
Robert DuBoiseHave you been able to determine what date the stop payment order was placed. That would make a difference to me in that if they placed the stop payments before they ever went on the trip, that would be indicative of some intent to steal the guide's service. However, if the stop payment was issued after the trip concluded, that might be another matter better suited for the JP courts.
RSD
January 22, 2002, 07:45
Frank LacyWe have had a couple of similar issues involving hunting leases (rather than guides). One of the factors we look at in making a charging decision is if the hunter received a benefit (i.e. killed a deer). You might also consider if this was a group event -- if all the others paid, it seems a lot less likely that a jury would buy the "not satisfied" argument.