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  1. #1
    Join Date
    May 2010
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    1

    Default Pre-Signed Check Was Stolen by My Roommate

    My question involves criminal law for the state of: California
    My roommate was in need of some money, so I decided to loan her $2000 that she asked. However I said that she and her uncle together needed to sign a promissory note for the loan amount. She agreed to it. Her uncle came one night and I wrote the check in favor of her uncle as he had an overdraft facility. Once I wrote the check, I put the promissory note in front of him to sign. He declined saying he was not told about it and will think about it and let me know. So I kept the presigned check in the checkbook back in my purse. My roommate stole it sometime which I did not realize. And all of a sudden she left with her belongings without telling me and she owes me two months rent. Then I checked my purse and I realize the check was also missing. I checked my bank account and saw that the check was already encashed. So she must have probably stolen it the same day and encashed the next day. I did not realize it as I do not use my check book that often.

    What is the way out for me? If I sign an affidavit with the bank for the stolen check, will I stand any case as it was presigned on her uncle's name with my signature on it. Should I inform the police about it? Please advise the best course of action for me.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Pre-Signed Check Was Stolen by My Roommate

    By "pre-signed" check, are you suggesting that there was a part of the check you didn't complete? (e.g., the date, the amount....)

    Was it deposited through your friend's account or through her uncle's account?

    You can try making a complaint with your bank, but with a genuine check and signature they may not be willing to help you.

    You can file a police report, but I am skeptical that the police will help you unless the check was altered.

    You can sue her in small claims court, and hope she is willing and able to pay the judgment. If the check went through the uncle's account, you can sue him as well.

  3. #3
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Pre-Signed Check Was Stolen by My Roommate

    Quote Quoting anupama
    View Post
    My question involves criminal law for the state of: California
    My roommate was in need of some money, so I decided to loan her $2000 that she asked. However I said that she and her uncle together needed to sign a promissory note for the loan amount. She agreed to it. Her uncle came one night and I wrote the check in favor of her uncle as he had an overdraft facility. Once I wrote the check, I put the promissory note in front of him to sign. He declined saying he was not told about it and will think about it and let me know. So I kept the presigned check in the checkbook back in my purse. My roommate stole it sometime which I did not realize. And all of a sudden she left with her belongings without telling me and she owes me two months rent. Then I checked my purse and I realize the check was also missing. I checked my bank account and saw that the check was already encashed. So she must have probably stolen it the same day and encashed the next day. I did not realize it as I do not use my check book that often.

    What is the way out for me? If I sign an affidavit with the bank for the stolen check, will I stand any case as it was presigned on her uncle's name with my signature on it. Should I inform the police about it? Please advise the best course of action for me.
    This is not a stolen check. You should have voided the check immediately if you did not want her to have it. Sue the roommate in small claims court. This is a civil matter, not a criminal matter.

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