Stolen Checks?

Question

I had closed my checkings account a year ago and recently got a call from the owner of a restaurant saying that I had paid for a meal with a check that had innsufficient funds. Automatically, I knew that my old checkbook had been stolen. The person that stole my check had written her number on the check and coincedently turned out to be a close friend. I went to the police b/c she still had my checks and was using them. ( what gets me is how she can use my checks in stores when my account has been closed for a year?) anyways they told me that she could not go to jail because since my account was closed she didnt steal money from me, But that she does have to pay the places she used the checks on. So did the police do the right thing or should she have gone to jail. Please reply asap

Answer 1

I'm a prosecutor and I can tell you that it is absolutely an offense, and that it is a felony offense. The police gave you horrible advice!

Forgery is forgery regardless of who is out the money. That's like saying that I can create a fake bank account and buy whatever I want on it, and I'm not committing an offense because it's fake. Ridiculous!

Answer 2

If a person eats in a restaurant and does not pay at all, that is "theft of services". I do not see how paying with a stolen check could be any less of a crime. However, the complaint might have to come from the restaurant directly to the police, not from you.

The answer to your other question "what gets me is how she can use my checks in stores when my account has been closed for a year?" is that the store does not know that the account is closed until the bank returns the check unpaid.

Answer 3

Well I think she should have gone to jail because 1. She stole from you and lied about it. 2. She used checks that came from your account and still continued to use when your account was canceled, almost the same as using counterfeit money which people go to jail for , even they used 1 fake dollar! 3. She WAS stealing money from you! Money that was not even real! Man she batter be glad it wasn't me I would have kicked her @$$ in front of the police!

Answer 4

It depends upon the laws of the jurisdiction where she passes the checks. It is some sort of theft/fraud/forgery. It is possibly a felony. However, since you were not harmed, the police will not do anything if you report it. It has to be reported by the people to whom she passses the checks.

Answer 5

Actually, it's called forgery, not theft. It does not matter whether she got money from you or not, she forged your signature and used your information. It could also be identity theft (you, of course, are the victim in that case). It could also be considered theft by deception against the businesses (though not against you). She most certainly CAN go to jail for all of these things. She committed a crime no matter how they slice it.

Answer 6

I transport prison inmates for a living and I've transported many that have done what your "friend" did to you. I think it depends on the amount of money the checks totalled whether or not she goes to jail.

Answer 7

Of course she can go to jail for writing bad checks.
The owner of the restaurant has to file a complaint, since he was the victim.

Answer 8

Its called check fraud and is a jailable offense. Also the restaurant owner should have checked her ID before accepting a check

Answer 9

Nothing they can do about it. Account's closed so you can't get charged and they didn't ID her so they can learn the lesson the hard way. Not your fault.

Fraud is a crime. If she doesn't pay, she's a criminal (though technically she already is). Not your problem now tho.

Answer 10

If somebody stole it, then made a look at to you, you mustn't be in complication. you would be able to could do a handwriting prognosis on the police station. you would be out the money that grew to become into think to be paid to you via the examine.