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The bank cleared a cheque that they wasn't suppose to. I spended the money. Now ( 6 months laster ) they are telling me they want the money back and want to charge me for fraud. I didn't know about the cheque. Can they charge me (sue me) if THEY have cleared the cheque ??

2006-09-18 03:03:51 · 5 answers · asked by j2e0s0s0 1 in Business & Finance Personal Finance

I didn't write the cheque...someone sent me one. The bank cleared it, now they want the money back. 4500$ and i don't have it and won't let me borrow for it

2006-09-18 04:33:41 · update #1

5 answers

they can take legal action against you if you took money that was not yours.

2006-09-18 03:06:21 · answer #1 · answered by bella_4624_19 4 · 0 0

When you opened the account you signed an agreement that you would be responsible for checks written to you which bounced. You got a $4500 check and spent the money before you or the bank knew the check was NSF (non-sufficient funds).

Actually, it was bad business for the bank to even make the funds available to you until the check had cleared. Bad business but not illegal.

You SPENT the money - you owe it back to the bank now. Collect it from the person who wrote you the hot check.

2006-09-18 12:09:41 · answer #2 · answered by paleblueshoe 4 · 0 0

YES they can... you wrote the check in good faith.
you NEVER spend the $$ that's hanging around waitng for a check to clear.
You are in error here. You SHOULD'VE contact who you wrote the check to & found out why it's taking so long OF you could've put a stop pay on it months agao.
the Bank will pursue for the $$
pay them

2006-09-18 10:07:11 · answer #3 · answered by polka_123_pa 3 · 0 1

It is a felony if more than $100.
pay them back like you should, and quit writing "hot" checks.
(if you don't have the $$$ in the bank to cover it, don't write it)

2006-09-18 10:11:04 · answer #4 · answered by John 3 · 0 0

Oh yeah.

Don't go written false checks down in Mississippi.

Cheapest way out? Pay them, or it will only get more expensive.

2006-09-18 10:13:05 · answer #5 · answered by icyuryy 2 · 0 0

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