Can I be held responsible for cashing a fake check?

Question

I just got a phone call from CheckSmart in columbus ohio informing me that I cashed a Counterfiet Check. They demand payment of $3,800. by friday the 11/24/06 by noon or they will issue a warrent for my arrest can they do this since I didn't know it was a lottery scam. I wired $3720.00 to the person I was supposed to and now I don't know what to do I can't go to jail but I can't pay the money back because I am 8 Mos. Pregnant and don't have a job and my husband only makes enough for us to get buy, I told CheckSmart that I would be willing to make payments until it is paid off but they said no. Can someone help me please

Answer 1

CheckSmart is feeding you a line of bull$h!t. As long as you are making a reasonable effort to pay off a just debt they CANNOT turn you over for collection (under the Fair Debt Collection Act)and they sure as heck CANNOT have a warrant issued for your arrest if they can't prove that you deliberately committed bank fraud.

Here's what you do: Get the name, address, telephone number, and FAX number of the manager of the Columbus CheckSmart office. Write him/her personally and explain the situation. Be sure to FAX a copy to them ASAP and make sure you keep a copy of the letter. Let them know that you're willing to pay the debt but you simply can't hand over that kind of money right now because you got scammed out of a huge chunk of money yourself. Send the original via UPS or FedEx so you can ensure your letter makes it there before noon on Friday. If you don't hear from the manager by Friday, call on Monday and ask to speak to him/her. If this person is not willing to accommodate you, that's when you start playing hard-ball.

If the manager says he/she is going to get a warrant sworn out for your arrest, then tell him/her your lawyer will be in court the very next day filing a damages lawsuit against CheckSmart for wrongful prosecution, and that he/she will be named as one of the defendants in the suit.

If the manager demands payment in full, tell him/her that you will pay what you can on a schedule but that's all you can do.

If he/she tells you that's not acceptable, your reply is that you're not asking -- you're telling him what you can and will do and he/she will just have to live with it. And if he/she has a problem with it, encourage him/her to read up on the Fair Debt Collection Act.

You should probably contact a lawyer as well. Look in the Yellow Pages for attorneys that give free initial consultations. You might get someone who will take your case pro bono (for free).

Good luck!

Answer 2

Yes. You are liable for the money. I'm very sorry to have to tell you this, but this is one of the most common of the '419' scams. At least you will be educated and can tell others that there is no lottery and there is no money. (Remember, you can't win a lottery unless you have entered. And you shouldn't have to pay fees or wire money to someone when you do!) As much as other people may tell you that it's no more than a slap on the wrist, what you have done is not the same thing. What most of them did was to cash one of their OWN checks which later turned out to be NSF. You have been instrumental in passing a Counterfeit CHeck, defrauding a company of of more than $1500 which puts you into the Felony Fraud area. Instrumental in that YOU took the check into get it cashed and YOU got the money. Never mind that youwere duped, YOU did the deed, YOU must pay the consequences. As far as the check cashing place knows, you did it with full knowledge of the worth of the check. Perhaps if you called them and told them what has happened, they could work out a payment schedule for you. I see you hafve already suggested that, but now perhaps you should get a lawyer involved. Call the public defender's office and see if you can get some help. Show CheckSmart the payment you made to the scammer as proof you didn't get that much out of the deal. There's no guarantee that they will accept it, but it's worth a try. In the long run, you may end up in court.

Answer 3

You can try to sue the person you wired the money to, if you can find him or her. You owe the money, but since you are not able to pay it all and are willing to make payments that is all they can ask. If they issue a warrent for your arrest, the police will take you to see a judge. You should be eligible for a public defender. The judge will set a trial date. If he thinks you are a flight risk, you will have to post bail. If not, you will be told to return for the trial.

The public defender should tell you what to expect at the trial. I would but I haven't got a clue. Keep stressing the fact that you didn't know it was a scam and you are willing to make payments. It is up to the judge, not checksmart, on whether they will accept payments. They cannot put you in jail, only the judge can do that. Don't let them intimidate you.

Answer 4

I hope you kept any documents from the transaction. Whether you get in trouble or not will depend on whether the jury believes you or not. Get an attorney. I have a friend who was convicted of this, and it is a felony, Maybe being a woman will help you. Contact your state attorney general they know about this scam and may be willing to help you. Good Luck! Many unsuspecting people have been hurt by these crooks!

Answer 5

Hello,
You can download Letters from Nowhere 2 for free here: http://bitly.com/1pnRzHZ

no surveys, no scams, just the full game!
Classic arcade style games can be enjoyed by the whole family especially the kids.
It's the best game of its category.

Answer 6

It is fraud if you knew you did not have the money in the first place. You can get jail time. Since the amount is that large I would see what you can do to get a lawyer, you will need it. I would also try to research the lottery fraud and see who picked up the money. Call your state Attorney General.

Answer 7

Unfortunately yes. It's up to you to be responsible for money going in and coming out of your account. They don't know that the account that you wired money to wasn't someone you are in cahoots with. Just like when someone gives you a check and it bounces, you still get the fee.

My advice is to get an attorney immediately!!!

Answer 8

honey I am sorry but Yes they can arrest you...it's a federal law you broke (unwillingly) anything having to do with money and banks...falls under federal. I don't think they will knock down your door and take you away NO, but be prepared for court down the road.
Sounds like you fell for one of those internet scams and I am so sorry, but if anything EVER asks for your bank account or for you to put up & wire money it's a scam.

Answer 9

This is a very common scam, and you are a victim, but unfortunately you are liable for it. I would advise you to hire a lawyer or contact legal aid for help. Maybe they can help you negotiate a repayment plan.

Answer 10

yes they can arrest you, best thing for you to do at this point if you really didnt know it was a scam is to get a lawyer, and even then you'll still have to repay the money