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Can I Be Forced to Pay for Checks Somebody Else Wrote From My Account

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  • 06-16-2010, 10:37 AM
    emaginume
    Can I Be Forced to Pay for Checks Somebody Else Wrote From My Account
    My question involves criminal law for the state of: Wisconsin and someone got a hold of my closed account checks in late 2007 and wrote A LOT of bad checks on it. Now, they are trying to make me pay for the amount. Can they do that? How do i prove it wasn't me? Am I going to go to jail if I refuse to pay it back? Please help:confused:scared
  • 06-16-2010, 10:41 AM
    BOR
    Re: Can They Come After Me for Something I Didn't Do
    When and if you are charged with a crime, you can plead not guilty and go to trial or plea bargain.


    If you are victim of a crime, plead your case to the detectives.
  • 06-16-2010, 11:25 AM
    Mr. Knowitall
    Re: Can I Be Forced to Pay for Checks Somebody Else Wrote From My Account
    You reported the checks stolen at the time, back in 2007, and disputed their validity with your bank, right? You reported the theft and forgery to both the bank and the police, right? And they both investigated your report, right? So what were the outcomes of those investigations?
  • 06-30-2010, 11:03 AM
    emaginume
    Re: Can I Be Forced to Pay for Checks Somebody Else Wrote From My Account
    Quote:

    Quoting Mr. Knowitall
    View Post
    You reported the checks stolen at the time, back in 2007, and disputed their validity with your bank, right? You reported the theft and forgery to both the bank and the police, right? And they both investigated your report, right? So what were the outcomes of those investigations?

    Hello, and Thank You for your reply. To answer your questions, I did not report the checks stolen, dispute the validity of them, report the theft or forgery so there were no investigations. I was just recently contacted about the previous account. I had no idea they were even missing because I thought I had disposed of them properly, but I guess not all of them. I am so lost as to what to do. I don't know the statue of limitations on filing the charges or if the police can even do anything about it. I don't know how we would go about proving that I did not write them. Any information you can give to guide me in the right direction is most definitely appreciated. Thank you so much again.

    Quote:

    Quoting BOR
    View Post
    When and if you are charged with a crime, you can plead not guilty and go to trial or plea bargain.


    If you are victim of a crime, plead your case to the detectives.

    thank you for your reply. how do i plea my case with the detectives? who exactly do i contact? and can they even do anything almost 3 years later? I am clueless as to what to do because I have NEVER had to deal with the legal system. Any and all information is much appreciated. Thank you again
  • 06-30-2010, 11:18 AM
    Scott67
    Re: Can I Be Forced to Pay for Checks Somebody Else Wrote From My Account
    You say "they" are trying to collect. Who is this "they"? The bank? A collection agency? Someone the checks were given to? What you do depends on who it is. Have "they" shown you the checks? Do you know, in fact, that they exist?

    It is very hard to believe that a bank would have paid checks on a closed account. They would have simply returned the checks with a notation that the account was closed. That leads me to believe that if this is real, and not just a scam on you, that the checks were given to someone else. If that person accepted a check with your name on it and did not get positive identification, it would be their loss.

    You need to pin down what is actually happening, starting with a concise definition of who "they" is. Make sure you do not pay anything, not even a penny, in the interim.
  • 06-30-2010, 11:30 AM
    PandorasBox
    Re: Can I Be Forced to Pay for Checks Somebody Else Wrote From My Account
    Don't take this as legal advice...just a question:

    Should he ask for copies of these check transactions?

    I also wonder if there is record on file at the bank of the account being closed, that our poster could obtain?

    Or should he/she go through police or lawyer to obtain that information?
  • 06-30-2010, 11:55 AM
    Scott67
    Re: Can I Be Forced to Pay for Checks Somebody Else Wrote From My Account
    Quote:

    Quoting PandorasBox
    View Post
    Don't take this as legal advice...just a question:

    Should he ask for copies of these check transactions?

    I also wonder if there is record on file at the bank of the account being closed, that our poster could obtain?

    Or should he/she go through police or lawyer to obtain that information?

    It goes back to the question, who is the "they" demanding money from him. It could be a total scam. But, my answers to your questions would be:

    Yes, ask for copies of the checks (not a transaction record). Always demand copies of supporting documentation when people try to get money from you.

    I rather doubt that the bank was involved, so I don't think this would be particularly helpful.

    The police are probably not involved at this point. There's no sense in paying an attorney if no legal action has been taken.

    And - as an aside, I don't see "losing" checks on the closed account as being a big issue. With today's home computer technology, it is relatively simple for anyone with the routing and account numbers to print authentic looking blank checks at home.
  • 07-19-2010, 09:17 PM
    emaginume
    Re: Can I Be Forced to Pay for Checks Somebody Else Wrote From My Account
    Quote:

    Quoting Scott67
    View Post
    You say "they" are trying to collect. Who is this "they"? The bank? A collection agency? Someone the checks were given to? What you do depends on who it is. Have "they" shown you the checks? Do you know, in fact, that they exist?

    It is very hard to believe that a bank would have paid checks on a closed account. They would have simply returned the checks with a notation that the account was closed. That leads me to believe that if this is real, and not just a scam on you, that the checks were given to someone else. If that person accepted a check with your name on it and did not get positive identification, it would be their loss.

    You need to pin down what is actually happening, starting with a concise definition of who "they" is. Make sure you do not pay anything, not even a penny, in the interim.


    Thank You, Scott67, for your reply. I believe who is calling me is a "debt collection" agency. I did demand copies of the supposed checks, so I do have those at hand. So that I am clearly understanding what you're saying, should I just not worry about it if there are no charges filed. Thank You again for your reply.
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