shop4shoes
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posted on October 28, 2001 09:16:33 PM new
In April of 2001, my neighbor received a check from a roomate for rent and utilities. The check was dated April ? was for $1600 and written on a business account.
She lost the check and the person that gave it to her would not write her another. She found the check in August and deposited into her personal bank account. The bank put a hold on it to make sure it cleared. After about 5 days the bank said the check had cleared and the money was put into her account.
In September, she got a certified letter from the bank saying that, It will be proscecuting her for worthless checks if she does not pay the amount back to the bank. Apparently the check was returned by the writer's bank after a few weeks marked "refer to maker". she did not write the check and the account that it was written on is not hers.
The bank faxed her a copy of the returned check. She planned to file charges against the writer. She contacted the State's Attorney office and was told that they could not proscecute the check since it was not deposited immediately and it had "refer to maker on it".
The person that wrote the check has since filed for bankruptcy.
The bank has said that they will file charges against both her and the writer of the check.
Can they file charges against her?
Can they file charges against the writer of the check?
I had never heard of this and told her that she should get an attorney.
I know that most places will not pursue a worthless check unless the person filing the affidavit has whole heap of information on the writer.
Everything that I have ever heard normally calls for the person that wrote the check to be proscecuted and the affidavit to be filed by the person that actually took the check.
I think the bank may be trying to scare her. I also think that they may have violated debt collecting laws. If I am not mistaken a creditor can not threaten action that he is not legally able to take.
Any info or input that you guys have would be appreciated.
She lives in Alachua County Florida.
Thanks
edited to add: written on businnes account
[ edited by shop4shoes on Oct 28, 2001 09:20 PM ]
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junquemama
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posted on October 29, 2001 12:00:07 AM new
Hi,There use to be some ladys here that worked in banks,Maybe one will come along soon.The writter will go down,Regardless of a bankrupsy.1600.00 is is a felony and from what you describe I believe it is known as a forged instrument.There may be other checks you dont know about.The reciever is innocent but may have to prove it via an attorney.
Hope this helps a little,I dont know the legal terms.In fact there was a lady attorney and some legal aids that posted here.Maybe one of them will drop by.
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greatlakes
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posted on October 29, 2001 08:02:18 AM new
"... the bank...will be proscecuting her for worthless checks if she does not pay the amount back to the bank."
Your friend spent the $1,600! She HAS to repay the bank or the bank CAN and WILL press charges.
[ edited by greatlakes on Oct 29, 2001 08:13 AM ]
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wowwow85
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posted on October 29, 2001 08:16:50 AM new
why does it take so long for the bank to find out??
if i understand clearance,it implies there is fund in the account and has been withdrawn ??
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shop4shoes
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posted on October 29, 2001 08:22:05 AM new
Your friend spent the $1,600! She HAS to repay the bank or the bank CAN and WILL press charges.
I just spoke to the State Attorney in Alachua county. The actual attorney for the state that handles this is out for a few weeks, but I talked to one of the other ladies.
She said that she could not come up with any reason the bank could file against my friend. The bank put a hold on the check and then released it to my neighbor after they said it cleared. She said they will probably file civilly to get the money back.
She had never heard about a bank filing against the writer of the check.
She also said that the bank could be in some serious legal trouble if they filed a false complaint.
Also I though I saw something about kiting on here. It was a savings account.
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shop4shoes
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posted on October 29, 2001 08:25:44 AM new
I don't know what is up with her credit union. It was a local check and her credit union released the funds saying they had cleared. She says it was about 3 weeks later when she found out there was a problem.
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wowwow85
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posted on October 29, 2001 08:30:15 AM new
CREDIT UNION.that could be the problem.
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shop4shoes
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posted on October 29, 2001 08:35:02 AM new
wowwow85: what do you mean about the credit union?
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mrspock
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posted on October 29, 2001 08:37:12 AM new
your friend needs to repay the bank the dispute is between her and her roommate no reson for the bank to get stuck for the 1600
I would suggest she contact the florida bar assoc they have a lawyer refferal program that works like this
you call them and tell the problem you have they will refer you to a lawyer in your area who handles that type of case the fee is very resonable It was around 55.00 when I used it last for your 25.00 you get a half hour consultation I have used this 3 or 4 times over the years and was always able to get enough advice that no further legal represantion is needed.
Check your yellow pages under attorneys or better yet go to the flaorida bar websitehttp://www.flabar.org/newflabar/consumerservices/Referral.ser/
spock here...... TILL NOV 1 ANYWAY
Live long and Prosper
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wowwow85
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posted on October 29, 2001 08:39:24 AM new
should they all go after your neighbor's roomate -the one who give her the check for rent and others?
it is not her check and it is not her bank account?should that person go to jail?
wonder how the check get lost??
i have heard of a story of a woman who let her friend stay with her when her friend was unemployed.
during that time,she received axp statement and noticed someone bot a fancy typewriter writh 700 dollars in a nearby mall.
she reported it to axp and does not have to pay for it.
months later this woman found a job and moved out of the house.
they are still friends and one day they get together and this friend said she bot her son a typewriter for his 18 years old birthday.
this axp holder then backtracked and found that it was around that time somone used her card to buy the typewriter.
she did nothing and report nothing,just made a mental note of what friends can do if you let them get too close.
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shop4shoes
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posted on October 29, 2001 08:48:42 AM new
MrsSpock: I told her to try the flabar for a referral also.
She says she offered to pay the money back that was withdrawn. She said the lady was really nasty and said that they would still file criminal charges. The bank is not out $1600 dollars she only withdrew some of the money. She has had the ccount with the for over 5 years with no problems until now.
I asked how she lost the check. She said that she honestly thought her ex-roomate had stolen it back. However she found it behind a bookcase when she was cleaning.
wowwow85: What is axp?
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mrspock
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posted on October 29, 2001 09:11:32 AM new
its odd we had the exact oppisite we have had a bank account for 17 years we went in to get a equity loan and they were really nasty
they gave us the paper work when we went to close I said no thanks
My wife works for the school distirct so we tried the credit union and they have been great
I have taken all but my business account to the credit union and would do that also but they don't do business accounts
I would sugggest she make a appointment with the manger of the credit union branch and discuss it with them. by definition credit unions are owned by the members and there is no excuses for poor treatment and threats.
spock here...... TILL NOV 1 ANYWAY
Live long and Prosper
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roofguy
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posted on October 29, 2001 09:11:49 AM new
Two observations.
1. The bank/CU seems to not believe this "found check" story. That's why they're talking about filing charges. They're suggesting that the depositer had something to do with the creation of the check as deposited. If the date on the check was modified, that's fraud, and the depositer should fear prosecution, although prosecution would be rare in the case of an otherwise valid check.
2. If the story is as presented, the depositor committed no crime, and need not fear "filed charges". There is no crime in depositing a worthless check which one accepted as payment, and believed to be valid, and the delay does not affect that. She may well be liable to replace the $1600.
[ edited by roofguy on Oct 29, 2001 09:12 AM ]
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shop4shoes
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posted on October 29, 2001 09:40:24 AM new
MrSpock: Most of the credit unions I have dealt with normally bend over backwards to help. I like them and they are helpful in getting loans.
The one she is dealing with just stinks. I had an account with them years ago. My previous landlord got a call from the police they were looking for me in connection to fraud. The landlord called me and I contacted the police.
This credit union for whatever reason tried to pull up a credit report on me. The social security number that was on my application and what they had on file did not match what the credit bureau had. I went down and the officer showed me what the credit union gave them. The lady that took my application switched two numbers ie: 57 instead of 75. She tried to correct it by putting a note of the correct number in my file. 3 years later when they ran the report her mistake came back to haunt me. I showed the officer what happened and he was livid. While I was there, he called up the bank and gave them hell. They informed me that they would not close my account "at this time". They did not even apologize. I closed the account and never looked back.
roofguy: I saw the copy of the check. It did not look modified in any manner. My neighbor is a scatterbrain and and idiot. She once showed me undeposited money orders and cashiers checks. Some that were several years old. She said it was like a self savings account. She had no idea that some money orders and cashiers checks can expire.
I mentioned the story to one of my employees a few minutes ago and she said that her sorority sister had the same problem with this credit union. She said that they accused her soroity sister of fraud and filed a complaint. They claimed that since she knew the person that wrote her the check they were in cahoots. My employee doesn't know what happened after that.
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