i gave them a check by phone and told them on 2oth I SHOULD have the funds available. I called him on 19th and said they will not be there..he said well ill date for 23rd and I said " no you just wait until I call you beore you do anyting with the check. he cashed it now i am negative $2,000 plus $300 in bank fees. te manager went back and listen to the recorded phone call and admitted i instructed him on not touching the check...after arguing all day they agreed to pay me bank fees. but i lost a days work and had to borrow money for diapers. Can I press charges? is it legal what they did?
2007-02-27 07:55:52 · 8 answers · asked by Miso Hot 2 in Politics & Government ➔ Law & Ethics
The agency knew in advance i didnt have the funds. it was there idea i do a non dated check by phone then when funds were available id let them know. i never Wrote a bad check......
2007-02-27 10:25:05 · update #1
The first answer is dead on. You committed the crime, legally. The collectors didn't have to wait to cash it, they didn't have to pay your bank fees. You should be thanking them for being as lenient on you as they've been! I'm not trying to be rude or mean about this, I'm serious. They really have been nice to you, by your own telling of events.
2007-02-27 08:13:03 · answer #1 · answered by Michael E 5 · 1⤊ 0⤋
Got bad news for you pal -- what YOU did was illegal. Writing out a check and presenting it to someone for payment when you know you don't have sufficient funds in your bank account to cover the check is a crime. Once you hand a check over to another person or private entity, they have the right to deposit the check immediately because you are personally guaranteeing payment when you sign the check. If you try to take this case to court I PROMISE you the judge is going to throw it out, and he/she may have you charged with presenting a check with intent to defraud. Don't bother. You'll just waste more time and money, and you could end up in hot water over it.
2007-02-27 16:01:46 · answer #2 · answered by sarge927 7 · 7⤊ 0⤋
You committed check fraud by offering a check that you could not cover. You cannot make arrangements on "maybe" I can cover it.
The fact they paid your bank fees we above and beyond what they needed to do. In fact they could actually prosecute you for committing fraud on them.
2007-02-27 16:21:38 · answer #3 · answered by Susie D 6 · 3⤊ 0⤋
I don't think you can press charges. Frankly, you shouldn't have given them a check if you didn't have the funds. Making sure that you have money to cover your debts and expenses (and outstanding checks) is your responsiblility, not theirs.
2007-02-27 16:02:42 · answer #4 · answered by Pink Denial 6 · 5⤊ 0⤋
I bet you will never be stupid enough to do that again. What are you going to sue for if they paid your bank fees?
2007-02-27 16:03:06 · answer #5 · answered by Anonymous · 5⤊ 0⤋
Nothing you can do. They paid your bank fees.
2007-02-27 16:05:02 · answer #6 · answered by Groovy 6 · 1⤊ 1⤋
I am sorry you had to buy diapers for this crime. Did you crap in da pants?
2007-02-27 16:03:44 · answer #7 · answered by Anonymous · 1⤊ 3⤋
I think the police would be the best resource on this.
2007-02-27 16:02:07 · answer #8 · answered by JudgmentProof 2 · 0⤊ 5⤋