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  1. #1
    Join Date
    May 2009

    Default Falsely Accused of Check Fraud from Elderly Man

    My question involves defamation in the state of: Arizona

    Hi I hope I'm in the right place. I want to contact a local lawyer but before I do I wanted to know a little bit more about what I was talking about.

    My husband has done work for a man for several years now. Just odd jobs around the house, yard and pool. He's been grumpy over the years but nothing major.

    On 4/16/09 he contacted my husband and asked him to come by his home. When my husband arrived the police were there waiting. This man is now 77 years old and has health issues and poor vision. He'd convinced himself that he hadn't written a total of 9 checks going back to last year and then accused my husband of writing them. He called the police and his bank to report this.

    The police talked with both of them and looked at copies of checks the man had. My husband was able to show the police which work was completed and they even had him write this man's name in cursive to compare it to the man's. They let my husband go after the my husband reminded the man what they were for, the man admitted to the police he must have made a mistake.

    I have a copy of this police report where this is stated. Last week 5/7/09, I was contacted by my bank that his bank has accused my husband of fraud and have refunded the funds to the other man. So now they are looking to get their money back from who they believe is responsible. I have had to close my account with my bank of 15 years because they were willing to give all my money to the other bank with no further investigations.

    He was refunded the amount (around $8000.00) last week. And apparently he also submitted an affidavit to them last week.
    This may leave a mark on my record if they do not stop pursueing this.
    I've taken a copy of the police report to both banks in an attempt to show them this is ludicrous. They both tell me they are looking into it. But I'm still concerned.

    I have had my life turned upside down because of this man. I can hardly eat, sleep or function as it's all I can think about. I've had to spend my lunch hours at banks and sheriff's department trying to get this all sorted out. He is currently in Mexico and I cannot get a hold of him to see why he hasn't contacted his bank to make all this stop.

    Do I have any legal rights here?
    Falsely accused (with a police report to say otherwise)
    Mental, physcial and emotional stress

    Any assistance you can give would be appreciated.

    Thank you!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Falsely Accused of Check Fraud from Elderly Man

    You're asking in relation to the $8,000? This was deducted from your account pursuant to the reversal of the checks, which you had deposited into your account? Pursuant to court order?

  3. #3
    Join Date
    May 2009

    Default Re: Falsely Accused of Check Fraud from Elderly Man

    I have not been contacted from his bank...yet. No charges, no court order...nothing yet. I was contacted by mine. I closed the accounts and changed banks for the time being until all this is ironed out. They did take back two checks for a total of $558.00.

    I guess my question is what if? What if the other bank tries to take me to court for the funds they already reimbursed him for? Do I have any legal recourse?

  4. #4
    Join Date
    Mar 2009
    Key West, FL

    Default Re: Falsely Accused of Check Fraud from Elderly Man

    There are a number of things that do not make sense. I have never heard of a bank refunding money to another bank on the basis of an accusation. It should take a court order. I do not see any legal grounds where the bank could sue you for the money. It was their decision to refund the money, without any apparent legal foundation, so you should not be responsible.

    If you want to sue, you might have a legal basis, but you really can't prove much in the way of damages. Your best bet is if his homeowners insurance would cover it. The insurance company might give you $7,500 to go away.

    You need to confer with an attorney. There are a number of questions to answer, including whether it is premature. You also need to have an attorney talk to law enforcement, etc. to determine exactly what is going on, if anything.

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