I wrote someone I thought was a friend a credit card check for $5,000.00. A few days later they pop up and say the check was destroyed in the laundry, and they need me to write another check. I don't write them another check, and I automatically call the credit card company and cancel the check, just to be on the safe side. Then a few days, my "friend" says the found the check and it wasn't washed. Now they are all pissed off that I cancelled the check, saying that it's a felony to cancel a check over $1,000.00. Are they telling the truth or just full of it?
2006-11-24 16:28:12 · 13 answers · asked by babydoll 2 in Politics & Government ➔ Law & Ethics
They are just full of it. You trusted your instincts and you did well.
2006-11-24 16:42:33 · answer #1 · answered by OC 7 · 0⤊ 0⤋
I can see the stickyness of this situation. You should have probably told them that you were going to cancel the check, but your actions were justified. It's posible that they could have deposited both checks before you had to a chance to cancel the previous one.
It's not a felony because you were taking reasonable precautions after they claimed to have damaged the check. It would only be a felony if you cancelled the check to somehow defraud them of their own money, but I can't see how that would be with just the info you gave.
2006-11-24 16:38:44 · answer #2 · answered by huggybee 1 · 0⤊ 0⤋
No, they are trying to pull your leg. If the check is canceled it is canceled. And they can' t do any thing about it. You can cancel a check of any amount. But, It is best to do it within a day or 2 before the person gets a chance to cash it if you don't want them to. You could forsure call a public defender and ask them, but, in NY your it is not true.
2006-11-24 16:42:49 · answer #3 · answered by ruth4526 7 · 0⤊ 0⤋
Hey, just for the record...
I'll be your friend for half that amount. Make the check out to... just kidding.
I would tell your friend that it "MIGHT" be a felony, BUT ONLY if someone wants to press charges.... "You don't want to press charges on me, do you?" would be a good question to ask.
See what their answer is. Their character will show.
Another good scenario is to see if they're willing to pay the nominal $20.00 fee that goes along with cancelling a check. Put the ball in their court, and see what they come up with. You'll know what to do.
2006-11-24 17:51:53 · answer #4 · answered by asshat.mcpoop 4 · 0⤊ 0⤋
They told you they destroyed it, so no, you reacted to a circumstance that they created. By the way, I canceled a check for 20,000 dollars once under similar circumstances...and there were no repurcussions. Tell your friend that he/she is full of hooey. If it was illegal, the bank or credit card company would have refused to cancel it.
2006-11-24 16:31:56 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Unless you were paying them for services rendered or money owed to them, you can cancel the check. But if say you bought something from them, intend to keep it but then canceled to the check, then that is fraud, and yes a felony
2006-11-24 16:45:08 · answer #6 · answered by Anonymous · 1⤊ 0⤋
You were told that the check was lost. In good faith, you put a STOP payment on the check as it had been lost. Then friend 'found' the lost check and tried to cash it.
Friend has the problem - not you.
I guess the communications could have been better -
2006-11-24 16:59:34 · answer #7 · answered by tom4bucs 7 · 0⤊ 0⤋
No! You thought it was destroyed and cancelled it. This so-called friend is trying to bully you and possibly even scam extra money from you! I would re-think this friendship.
2006-11-24 16:37:00 · answer #8 · answered by Tickle Monster 3 · 0⤊ 0⤋
Your " Friend" is anything but a friend. A con artist would be more like it. NO, it isn't a felony. I'm a cop, take my word for it.
2006-11-24 16:32:43 · answer #9 · answered by WILLIAM R T 3 · 2⤊ 0⤋
if it was a felony they wouldnt let you cancel it in the first place
2006-11-24 16:30:44 · answer #10 · answered by metall.pingwin 3 · 3⤊ 0⤋