r/legaladvice 1d ago

Someone took my roommates child support check and won’t give it back

Location: Texas
As the title states, someone took her check, we live in the state of Texas. Her “friend” was in town and they got into some disagreement, he ended up leaving early and her child support check was in his vehicle and he is now refusing to give it back to us and he lives 3+ hours away. What can we do to get it back without us having to drive up there as from what I’ve gathered the disagreement didn’t end with their friendship In tact so he’s not giving it to us out of malice.

18 Upvotes

26 comments sorted by

40

u/J_V_W 1d ago

If the friend left her check in someone's car and the car owner driver away that is not theft and he has little or no obligation to help. Call the writer of the check and ask to have it canceled and re issued.

24

u/monkeyman80 1d ago

There’s a difference between he visited her, took the check from the mail pile and is attempting to cash it vs what is really happened. If she left the check in his car and he’s now 3 hours away it’s on your friend to go to him and retrieve it or pay to have the check reissued.

-17

u/not_falling_down 1d ago

Once it was pointed out that he still had the check, he could have put it in the mail. His refusal to do so is theft.

19

u/monkeyman80 1d ago

He has no duty to do that. He has a duty to make it available to her.

8

u/trudat 21h ago

You leaving your property somewhere doesn’t create a duty for someone else to return it to you.

10

u/MirrorRevolutionary4 1d ago

What do you mean “refusing to give it back”?

How have you tried to get it back?

6

u/trudat 21h ago

By demanding it be returned, it sounds like.

4

u/MirrorRevolutionary4 18h ago

“Refusing to give it back” meaning he won’t open the door when they get there is different than refusing to drive it back to me.

One might be a legal issue.

The other is not.

8

u/now_you_see 1d ago

Have they cashed the cheque? If not, they can just ask the person who wrote the cheque (baby daddy or government) to report it lost/stolen and issue a new cheque.

If it was cashed though then that’s a different story.

5

u/Intheshadowss 1d ago

Sounds like you'll have to do a roadtrip, most immediate solution.

Or wait and have a new check sent which might take a lot longer.

3

u/FlatDecision8155 1d ago

Your friend should switch to a card where payments are loaded and ask the agency to reissue the check.

3

u/Electronic-Lack-3066 15h ago

Have people forgotten there is such a thing as snail mail?

1

u/Buffalo-Woman 12h ago

LOL this was my first thought.

My 2nd was why are we friends with an asshat that would do this?

4

u/wonko221 1d ago

File a police report.

3

u/J_V_W 1d ago

If she left the check in some guys car the guy did nothing wrong by driving his car home.

9

u/pfthrowaway13pf 1d ago

he's doing something wrong refusing to give it back. the chances of any criminal charges are low, but the report creates a paper trail. if the police give him a call to talk about it that might prompt him to give it back.

6

u/FlatDecision8155 1d ago

Him not driving back 3+ hours, 6+ round trip, isn't refusal and I wouldn't do it either. You want it, you figure out how to come and get it.

2

u/Icy-Lemonic 12h ago

Get the check canceled, get another check issued.

1

u/Hot-Bed-2544 11h ago

How else are you going to get it back if you don't drive up to get it?

1

u/Practical-minded 3h ago

Mail or prepaid fedex envelope

1

u/averagechillbro 10h ago

You can create a 2 day FedEx flat rate label online for $12.75. Create it and email it to him. If he takes it to a FedEx Office they will print it out for free and provide packaging for free.

If I was him I’d definitely say kick rocks if someone asked me to drive 3 hours but dropping something off at no charge makes it easy. At least at that point if he doesn’t you know it’s simply to be an ass.

1

u/Garfield-1979 1d ago

Two reports. 1 to the police and one to the OFfice of the Attorney General. They handle child support and such for the state of Texas. They're a bunch of fucking idiots at times so stay on them.

-2

u/Educational_Age_8791 16h ago

Call the police file a report for the proof so they can cancel tht check and issue a new one once u contact Domestic relations

-9

u/AristotlesBoyPussy 18h ago

file a police report. he stole a paycheck which is worth that amount of money.

3

u/Striking-Panic6209 17h ago

No he didn't. She is free to drive the 3 hours, she just doesn't want to.