
Quoting
anupama
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.