2007-05-13 17:35:32 · 14 answers · asked by Melissa H 3 in Politics & Government ➔ Law Enforcement & Police
the check was for 2,000 dollars
2007-05-13 17:39:01 · update #1
it was a sweepstakes check and i didnt enter a sweepstakes on line but it turns out i guess it was a scam !!!! Soo who thinks i am going to jail if i dont have the money to pay them back?
2007-05-13 17:41:18 · update #2
the bank did cash it now they say its bad and my account is 200 neg and i am not a criminal i am a mommy and i am married and work full time why would i steal
2007-05-13 17:46:58 · update #3
say i dont have the money could i just make payments?
2007-05-13 17:50:20 · update #4
Short answer: No.
Why:
You are the VICTIM of Fraud, not the "fraudster" they want to put in jail. Report the matter to the police, file all the neccessary reports, and go from there.
BUT You WILL have to pay back the Bank if the bounce pushed your balance below $0. You agreed to do that in the "mouseprint" when You opened the account. It's the same as if Your PAYCHECK bounced...It wouldn't be YOUR fault, It would be your employers, but the bank would come to YOU about getting the money back (then YOU would have to go to your employer about the bad paycheck).
Comes down to... the Bank knows YOU didn't write the check, You just cashed it, so they don't see YOU as a criminal. They just don't CARE about your personal problems. They only care about the money...
IF the Police ever catch the "fraudster" (not likely) You can SUE HIM for your losses...
2007-05-14 03:44:37 · answer #1 · answered by Capt Crasher 6 · 0⤊ 1⤋
You are responsible to pay the bank back for the money. The bank will probably not let you make payments. Your best bet is to take out a personal loan to pay it off. You can try to go after the place where the check came from ... but good luck with that. You could also try contacting the better business bureau to investigate. Never cash checks that come in the mail from unknown sources. This is a hard lesson learned.
2007-05-13 18:02:21 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Been there and did that except it was not a sweepstake check and I did not take any money out. If you did not know what the money was about you should have put it in your account and let it clear before taking the cash out. Since you did not write the checkor sign it and no one can prove otherwise then you do not go to jail, but if you do not let it clear your account first then you are held liable for it and your account will be debited as yours was. Sorry about that
2007-05-13 18:06:19 · answer #3 · answered by ejohnjr34 5 · 2⤊ 0⤋
They will not take your word that you did not know it was fraud. They will use the "reasonable person" rule.
Would a reasonable person know, or suspect the check was fake? In this case, yes. Scams involving a "win" in a lottery you never entered are common place and a reasonable person would be suspicious of a "win" under those conditions. You never "win" if you do not enter.
So yes, you can go to jail. $2000 is a major amount of money. Felony at least.
2007-05-13 19:18:53 · answer #4 · answered by forgivebutdonotforget911 6 · 0⤊ 1⤋
If you fail to make some sort of arrangement with the bank, they will most likely bring the police into this matter. Yes, you can be incarcerated for cashing a fraudulent check.
The fact that you are married, have children, and a full-time job will have no bearing except that you can tell the bank they can garnish your wages until the amount has been satisfied.
Hope this helps.
2007-05-13 19:33:40 · answer #5 · answered by bbasingal 5 · 0⤊ 1⤋
Not for fraud. You are however responsible to give the bank it's money back. Even tho the bank cashed the check and you used it, That doesn't make the money yours.
I just saw Judge Judy on TV a few weeks ago, order someone to give the money back in a similar fraud case.
2007-05-13 17:49:36 · answer #6 · answered by wernerslave 5 · 2⤊ 1⤋
YES. Just because you claim to have not known will not get someone off for something like that. What else would a criminal say? Most claim "I didn't know" or "It was this person, not me, I was just in the wrong place at the wrong time", etc. etc. Look at Paris Hilton... she tried to excuse her driving on a suspended license by claiming that she didn't know her license was still suspended. The judge didn't buy it... now she has to spend 45 days in jail.
2007-05-13 17:44:47 · answer #7 · answered by Adeline 2 · 4⤊ 1⤋
No file fraud affidavit and work out repayments.
Man it never ceases to amaze me that with all those Nigerian and lottery spam emails and the warnings of them ... how some people lose their senses when it comes to money.
All they can do to you is take you to court if you don't pay it.
That's only if you do not file a police report and fraud affidavit.
2007-05-13 18:11:28 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I saw something like this on Judge Judy a couple of weeks ago. You can be sued in small claims court and forced to pay (have your wages garnished) or spend time in jail.
2007-05-13 17:46:54 · answer #9 · answered by Haulie 2 · 3⤊ 0⤋
Yes, you can go to jail for something like that. Most people would claim that they didn't know. Judges don't accept answers like that. I agree with others who say that ignorance of the law isn't an excuse.
2007-05-13 17:49:32 · answer #10 · answered by Surfer_Lee 1 · 4⤊ 1⤋