Mistaken Identity, but is It Fraud

garrett_ia · #1 04-30-2009, 08:30 PM

My question involves criminal law for the state of: Missouri

Three years ago I bought a condo in Lake Ozark, Missouri as an investment with plans to rent it out on weekends. I hired a property management group to take care of all the rentals and cleaning. I was to be paid 60% of whatever they decided to rent the condo for. During the first three months my electric bills went up and we found evidence that the condo was being used. The management company claimed the they were not renting it. The following month I came to town without notification and as expected, the managment company had try to rent my condo for that weekend. It has now been two and a half years since the dispute ended and I was out any money I felt owed to me. I just recently got a check for an amount that I had threatened to sue for back then. The check was made out to me and mailed to my home address. I cashed it and now they want the money back. They are threatening to file criminal charges against me. Do they have any ground?

Mr. Knowitall · #2 05-03-2009, 05:34 AM

From what you say, you believed (rightly or wrongly) that they were renting your place and not paying you, demanded payment, and eventually received payment in the amount you demanded.

They're threatening to file criminal charges for what?

garrett_ia · #3 05-10-2009, 03:01 PM

What they are saying is that I committed fraud when I cashed the check even though it was made out in my name and sent to my home. They say that on the memo line it stated a different condominium complex than where I lived. That is what they are saying if fraud.

I am sure I will have to find an attorney in the Lake Ozark, Missouri area that will take my case. I just can't afford to fight over this and end up losing the $700 they sent me. They have cost me more than that in the past.