I need legal advice about check fraud?

Question

OK! I just found out my ex-best friend cashed one of my checks for $200. I reported it to my bank and closed my account. Tomarrow i have to go down to the police station and file a fraud report so my bank will reimburs me the money. Here is the problem. i took a better look at the check and relized I wrote it. The back during tax season I borrowed money from her and I wrote her a Check in return. She lost the check and I wrote her another one. The then found the check and said she threw it away. I belived her because I trusted her. I want to still report her so I can get my money back. I dont know if the will arrest her and as far as im concerned, they should, because I never told her she could cash the other check. She even changed the date on it. Could I get in trouble for taking out the police report? What could she do to me?

Answer 1

If you can prove she changed the date on the check, she will be arrested for fraud or forgery (she cashed a check she knew she was not supposed to and cannot argue otherwise because she changed the date). If you cannot prove it, the legal recourse is iffy. However, if you have your bank records showing she cashed the first check and then the second one, you can sue for it in small claims court and ask for punitive damages as well.

Did you make any notations on the memo lines? This would help so you can show exactly what the checks were for. If you did not, start doing so every time you write a check in the future. And, if you ever find yourself 'replacing a lost check' again, go to your bank and pay $20 to put a stop check on the first one. Then if the person tries to cash it, it will be destroyed.

Answer 2

You can still report it...but you would be better off calling your x-friend and explain the situation (she may have forgotten too like you did) and she can either pay you back or answer to the police because you already reported it. Tell her if she returns the money you will tell the police it was a mistake and it's done. If she does not, go to the police tell them the truth about how you remembered what really happened. DO NOT LIE to the POLICE!!! You could get yourself in so much trouble it is not worth it! Give her a chance to pay you back before submitting the report. If she does not then it is her own fault..

Answer 3

Yes, you can get in trouble for filling out a false police report, so don't do it unless you explain the check was altered. In which case, you'll need proof, so order a copy of the check if you haven't already done so.

The only thing you can do, if she won't pay you back, is take her to small claims court. Usually this will cost $75 - $100 to file for a lawsuit. The loser is suppose to pay this fee. The tough part is you have to collect from the her if she looses.

This can effect her credit, if she looses, and doesn't pay up. Especially if you know her social security number and are able send it to the 3 major credit companies. But I believe you'll need to win a lawsuit first.

Of course, the way to prevent this is to cancel checks that are "lost" by ex-friends.

Best of luck

Answer 4

You need to let the police know that you have investigated the matter thoroughly and you realize you made a mistake. Tell them you want to retract the police report. Hopefully, they have not contacted her yet. Then call your bank and tell them the same thing.

It's an honest mistake but shouldn't convert into a criminal act because intelligent investigators can tell if you realized the mistake and you don't want to be called in and questioned if you already know. It is illegal to lie to police.

Start out by writing a letter to the bank and then go to the police department with all of what you researched, papers and all, and explain that so much has happened to you that you ran away with your emotions.

This is really important and you won't be able to live with yourself for the rest of your life if you can't own up to human error. Mistakes are fine in life, but deliberately covering up your own wrongdoing will have serious consequences-- court, fines and maybe jailtime. Just not worth it. But if you do own up, you will feels the angels have lightly kissed your forehead 10 times.

Answer 5

Explain exactly what happened. By altering the check, she has committed a crime.

You both agreed when you wrote her a new check that the old check was void.

I think the guy above me has misunderstood the situation. You still need to report her theft to the police. However, the likelihood of you getting your money back is now greatly diminished. It is basically your word against hers. However, the altering of the check may be considered fraud.

Answer 6

He won't get away with it. Retaliatory prosecution is the oldest trick in the book and all courts recognize it. Have him prosecuted. In the rare event he did pull this off (maybe you live in some retarded backwards two bit town, there are a few of them left in rural America), you don't need a lawyer, if you've never committed a crime the court will dismiss it on a first offender program, if they even agree to hear it to start with, and not even keep it on your record as long as you go a year with no criminal charges. Single mom's without money get state attorneys if charged with a crime, but like I said, a year later, they'll tell him he is full of krap. If his paycheck was stolen a year ago, he would have reported it then. The court will know he's lying.

Answer 7

NO, you have a civil case against your friend, but she did not forge your name, and making a report like this would be alie, and you could be charged with making a false report.

And if you file this against her and it is not true, she can sue you in civil court for large money.

So you wrote her two checks, she was only to cash one, but cashed both,

You go to small claims court and file a claim against her

Answer 8

By changing the date of the check she still forged it.Explain it all in the police report.