Someone I know owed me money for the longest time and finally signed a check over to me with the words "Pay To The Order Of: My Name" and then put his signature on the check to pay me back. I went to the bank with this person and cashed it right in front of him. When we were leaving, he said that he deserves $20 from this check, which he doesn't. He has now got the police involved and threatens to sue me. Have I commited any crime here? Since he signed the check over, didn't he legally give it to me? And he was there when I cashed it, so he can't say I forged anything. Please help me, thanks.
2007-05-08 19:36:24 · 6 answers · asked by dru 2 in Politics & Government ➔ Law & Ethics
If someone signed over a check to you and you cashed it, there is nothing they can do. He can try to sue you for $20 in small claims court, but he won't get anywhere.
Just show the police a copy of the check to prove it was not stolen and they will do nothing.
2007-05-09 00:21:33 · answer #1 · answered by Infernal Disaster 7 · 0⤊ 0⤋
You do not need to give your "friend" any money. By signing the check and adding the phrase "Pay to the order of Name", he fully endorsed the check to you.
Go ahead and let him call the police; you've not committed any crime. In fact, I'd suggest you go to the cops first, on the off-chance he tries to get revenge on you by vandalizing your car or some other criminal act. They won't do anything but take a report, but it does create a paper trail that can be useful if things escalate.
If he chooses to sue, he'll take you to small claims court and you have a perfect defense; the burden is on him to prove his case.
I am unsure if he chooses to sue whether or not you will be able to counter-sue him, because I'm not sure if his suit would be considered "frivolous" or not. It's best to consult a lawyer if you are actually served with notice that he's suing you.
2007-05-09 03:30:10 · answer #2 · answered by helloiamchuck 4 · 0⤊ 0⤋
Small claims court won't even entertain the idea of a suit for such a small amount -- it's called "frivolous".
It's really a shame that such ignorant people are borrowing money, lol.
Your description isn't clear as to whether he wrote you a personal check or signed you as third party on, say, a paycheck of his. The first one is obvious, and any claim of his is almost funny. The second one: well if the bank cashed it (whether or not it required all parties' ID's), then the transaction is DONE.
Unfortunately, so is your friendship, most likely...
2007-05-09 03:15:11 · answer #3 · answered by fitpro11 4 · 0⤊ 0⤋
Checks are contracts, when he wrote pay to the order of and signed the check, he wrote a legal contract to you. He had the authority to write something more on the check to reserve 20 dollars to you and chose not to. The 20 dollars is your you should be alright. If you're really upset contact a lawyer from your area and ask them. I wouldn't rely on anything people write to you in a message board as legal advice.
2007-05-09 03:49:38 · answer #4 · answered by Damien T 3 · 0⤊ 0⤋
Yes, the check became legally yours. And go back to the bank in which you cashed it and ask for a photo copy of front and back of the check. Then present to the police as proof. Also ask police to go see video (as banks normally tape transactions) at the bank. Then ask them if they'll charge him with a false report.
2007-05-09 02:51:15 · answer #5 · answered by Anonymous · 0⤊ 0⤋
There is no valid claim for him to force you to pay him USD20.00 because the check that you cashed was payment for his past debts owed to you.
2007-05-09 02:42:56 · answer #6 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋