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  1. #1

    Default Accused Of Check Fraud

    I would like to request any expertise or info on the following situation:

    I made a payment to a Line of Credit account for $8000 to pay it off, I only had $3000 in the bank at that time because I was expecting a deposit from a friend for $5000. I went out of town and found out the Line of Credit was credited for $8000 so I thought that the payment cleared and that my friend made the deposit. During my vacation, I reaccessed the line of credit and used some of the money. When I returned from vacation, I received a notification from the bank that the payment was returned for insufficient funds, then I received the monthly statement from the line of credit stating I had to pay the OVERLIMIT amount by the due date. A few days before the due date, I received a call from local law enforcement stating that the bank has filed a case against me for check fraud. They are demanding payment (which I am ready to pay) but I was threatened that even though I pay the amount, I still might get charged for check fraud.

    Is this true? I read that I cannot be criminally charged for check fraud if the check was used to pay for an "antecedent debt" or preexisting debt/loan.

    Please Help, I am very worried.

    Thank you

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: HELP! I'm Accused Of Check Fraud.

    Have you made the payment yet? As you apparently have not yet been charged, that should be your first concern as it may convince the prosecutor not to authorize charges.

  3. #3

    Default Re: Accused Of Check Fraud

    Have you told the whole story here? How much of your credit line did you use during your vacation? The fact that you accessed the line while on vacation is quite suspicious- why not just save the step of making the payment on the LOC and take the cash on vacation with you?
    That said...
    You absolutely can be charged with check fraud. Writing a check on insufficient funds is a crime. You should have waited until your friend paid you and THEN paid your LOC. All I can advise you to do is to PAY THE BANK IMMEDIATELY, and then have proof ready that the friend did in fact pay you in some close proimity to the date that you wrote the bad check. Then pray that the prosecutor is too busy to deal with prosecuting a case where the victim has already been made whole again.
    Good luck.

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