if a friends writes you a personal check for a loan and you are later told that funds were not available at the time the check was written,is the person who wrote the check at fault or the person who cashed it?
2007-12-10 05:45:27 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
THE CHECK WAS MPT DEPOSITED INTO MY BANK ACCOUNT IT WAS CASHED AT A CHECK CAHSING STORE?
2007-12-10 06:00:30 · update #1
I WAS TRYING TO SAY THAT THE CHECK WAS NOT CASHED BY MY BANK. IT WAS CASHED AT A CHECK CASHING PLACE.
2007-12-10 06:01:54 · update #2
Anyone who writes a check without sufficient funds could be prosecuted if the proof exists. A person who attempts to cash a check with insufficient funds has not committed a crime, but may have financial problems if that person writes checks based on the money they "thought" had been deposited with the insufficient funds check.
2007-12-10 06:00:23 · answer #1 · answered by scottclear 6 · 0⤊ 0⤋
You have a contractual agreement with your bank concerning what happens if an item you deposit is returned. That relationship is not about "fault".
The person that wrote the check however is liable for anything that happens because the check was dishonored. They may also be subject to criminal prosecution.
Based on your added information, again you had a contractual relationship with the check cashing place. When the check was dishonored they look to the person that received the cash from them, in this case you. So you owe them and the person that wrote the check owes you.
2007-12-10 13:53:34 · answer #2 · answered by davidmi711 7 · 0⤊ 0⤋
Either way you both will be penalized for it. Your bank will charge you as well as your friends bank will be charged as well. When you "loan" out monies to friends, you have to rely on the dependability of that person, maybe next time accept payments with cash, or a money order that way NO ONE will be in any financial pickles. Good Luck**
2007-12-10 13:55:30 · answer #3 · answered by heART happY 2 · 0⤊ 0⤋
As far as the bank, it is your responsibility to ensure the funds are in your account BEFORE you use them. You will be held accountable for anything that happens with your account, regardless of HOW it might happen. Now that is the bank's stand on that issue.
Now on to your friend. Your friend is responsible legally for all charges you incur due to his 'bad' check. Your friend can be charged with a crime and put in jail. You can take your friend into a small claims court to recoup any money you are actually out of due to the friends check bouncing.
Based on your EDIT...your FRIEND is the one responsible. And actually, ALL people listed as on the check (the account holders) CAN and WILL be held responsible.
2007-12-10 13:53:55 · answer #4 · answered by carmeliasue 6 · 0⤊ 1⤋
The person who wrote it. Why in the world would the person who tried to cash it be at fault???
2007-12-10 14:00:03 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Clearly, the writer of the check is at fault...
Look up the verb: To Utter.
That is the legal definition you are looking for.
The writer is "putting into circulation a note known to be invalid".
2007-12-10 13:52:40 · answer #6 · answered by Andrew Wiggin 4 · 0⤊ 0⤋
ALWAYS the person who wrote the check is responsble to make certain he has funds
2007-12-10 13:51:42 · answer #7 · answered by wizjp 7 · 0⤊ 0⤋
The person that wrote the check, its a felony and they can go to jail for it.
2007-12-10 13:53:15 · answer #8 · answered by krennao 7 · 0⤊ 0⤋
You are responsible for anything you put in your bank account. How you get repaid is none of the bank's concern.
2007-12-10 13:49:28 · answer #9 · answered by Anonymous · 0⤊ 1⤋
the money will be taken out of your account, and ur buddy will get an nsf charge..
2007-12-10 13:53:01 · answer #10 · answered by Anonymous · 0⤊ 0⤋