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Depositing Checks From A Closed Account

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  • 06-24-2007, 08:17 PM
    elly123
    Depositing Checks From A Closed Account
    i need some advice on how to handle a certain situation regarding some
    checks my deceased father left signed. i live in Illinois and he lived
    in Colorado. i waited over a year to look through his items and i
    found he had some personal checks from banks that were his and that were
    signed by him. i knew he had some money but i did not know the exact
    amount. well i deposited them into our account and after 2-3 weeks i
    was informed that they had been returned. one was nsf and the others
    were
    closed account status. i know not to ask how long but in other cases
    you may have witnessed , will i get arrested for bank fraud? it
    really was unintended and i got a call from the bank fraud department and
    while i was talking to her my family walked in on my conversation and i
    started telling her a different story which made no
    sense and i told her i would call her back after i talked to my
    husband because he did not know i had done this. i called her back and left
    her a message that same day (but i think she had gone for the day) i
    did tell her that i wanted to tell my husband what i did because he had
    no
    clue on what i had done. i was going to let him know after time but they came back returned and the amount was 12,000 i really thought because it was my dads acct.and he signed them it was okay. I know you think yeah right but it is the truth. should i consult a lawyer? it was 2-3 weeks i found out they were sent back. i did go into the branch after i found out and let
    them know i would need time to repay and they advised me they would
    chargeoff my account and i will get a letter in the mail (which i did) and it stated to call them for payment arrangements if i could not pay all at once. i did try to make arrangements and they transfered me over to the fraud department. the account i deposited them into was our business account/ what can i do please help. i do want to cooperate with the bank fraud department but will i say something to incriminate me and my situation? should i call her back or should i let her call me. i want to do what is right and i am scared that i might go to jail. do you know anything about how banks handle these situations? any good lawyers in chicago that you know if? if this is what i need. this was on a friday and i did not get a call on sat. but should i talk to her or should i let a lawyer talk to her? how will i know if i will get charged for this? i regret this and i want to fix it i cant even sleep or eat anymore. i am really worried the police will be at my door everytime my bell rings. how can i correct this without them charging me. should i ask if i am being charged because she did say i should tell her what happened to help myself with this. i also dont want to get a lawyer if it will make me look like i intended to take the money. i really did not know how much was in the accounts i just new that when i visited him last he said he did but i only started going through his stuff the end of last year beginning of this year.
    help please
    my dad had three separate bank aacts and if they did not have anything he was known not to keep anything he did not use.
  • 06-24-2007, 10:05 PM
    muttmommie
    Re: unintended misuse of bank
    You need a lawyer ASAP.
  • 06-24-2007, 11:35 PM
    elly123
    Re: unintended misuse of bank
    i had asked the same question earlier to another site and it would be directed to an attorney in that field and one did call me back and said that if i was not charged that no lawyer would take it until i was. i explained that the fraud dept. was going to call me back so i can tell them what happened and thats when i asked him if i should have an attorney lined up he said no one would take it. i am confused i do have his number and he said that if i do get charged to give him a call back but i thought the reason for getting an attrorney was to try not to get charges brought against me. can anyone else help. and thank you for your response.
  • 06-25-2007, 05:08 AM
    jk
    Re: unintended misuse of bank
    you should have an attorney advising you what to do and/or say when questioned by anybody at this point. What you have done is a major problem (crime) and your inability to understand this can cause you some major problems.

    You do not need an attorney to defend you in court at this time since you have not been charged as of yet but having one advise you in what you say to anybody or any actions that would aid or injure your case would be a good idea.

    Of course, the costs will be out of your pocket. If you are seeking a court appointed attorney, that will only happen when/if you are charged and you fit the criteria for a court appointed attorney.
  • 06-25-2007, 06:18 AM
    elly123
    Re: unintended misuse of bank
    thank you for your response. i was looking into getting information on the lawyers in our area. chicago. does anyone know of a good attorney??? i do have some numbers i will be calling. i am worried if i do not take her call today (the fraud dept.) will she think i am not willing to cooperate. i just want to make it right. will they summoned me for a court appearance or will they get a warrant for my arrest. does anyone know how they handle situations like this. thanks again
  • 06-25-2007, 07:21 AM
    aaron
    Re: unintended misuse of bank
    I would try to get the amounts owed paid off ASAP. You don't have to make any admissions in repaying the money. I don't know if they are inclined to prosecute, but paying them back reduces the chances that they will do so.
  • 06-25-2007, 08:39 AM
    elly123
    Re: Depositing Checks From A Closed Account
    thank you aaron,
    she had mentioned the word fraud and thats what got me really worried. she also mentioned she thought i got a hold of some bad checks and tried to make fast money, i really did not, i am looking to pay right away but i am scared that because she is thinking this way and she has not returned my calls that she will try to prosecute. another adviser told me the same thing as you and one other told me to get a lawyer but my gut says to say how it is and deal directly with her. i am really scared though of the police coming to my door. can that happen? i guess i will have to wait and see. i am praying not. thanks again
  • 06-26-2007, 07:57 AM
    elly123
    unintentional misuse of depositing check
    well, an attorney called me back and said it would be best to call the fraud dept. from his office to try and get this corrected. i'm wondering if by doing that it would make me look like i intended to defraud the bank. the fraud dept. did not return my call yesterday after i (over the weekend) had already left messages to try and fix the situation and the attorney said to wait until i get to his office to call to see the departments intentions. it's a terrible feeling waiting to see if you will get charged or arrested. he will be charging me a retainer which is reasonable but i am worried how it will make me look. i also intend to pay this back by the end of next week but does anyone have any input on this or suggestions.
    this ordeal has kept me up all night and if anyone out there is ever thinking of depositing someone else's checks (even a family member) make sure the funds are available. even if it is unintentional it is best to ask the bank first because all this aggravation is a terrible feeling and can even make you sick.
    thanks
  • 06-26-2007, 07:32 PM
    elly123
    Re: Depositing Checks From A Closed Account
    all went okay with the lawyer. paid him his retainer and he made a phone call to the fraud dept at bank and straightened the whole mess out. they just wanted to make sure that i wasn't scheming with anyone else or someone else was having me do something for them but since i could prove all they asked i just had to pay them the amount and it went away. confirmations and all were okay'd by both ends. no charges were brought against me.
    thanks all for your responses.:)
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