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Felony Check Fraud charges

Date: Sat, 11/01/2008 - 10:20

Submitted by anonymous
on Sat, 11/01/2008 - 10:20

Posts: 202330 Credits: [Donate]

Total Replies: 10


I received a call from a collection agency weeks ago and they wanted to set up a pymt. plan or otherwise send everything straight to court. They stated w/ today's economy lawyers are not "playing". The plan would not begin for 3 more weeks and I explained to them that I was still looking for work, but the way it sounded to me, it was better to set the plan at that time and call them back later if the work situation was the same. I contacted them at the later time stating that I still have not found a job and the money will not be in the bank account. I was told that if the money does not clear the bank that I will be charged w/check fraud and it will be a felony b/c I'm across state lines (I'm in SC & the collection agency is in DE). I am really concerned. I spoke w/my bank and they advised closing my account, but I think that process would be more detrimental. Any insight or advice on the legalities of the situation would be very welcomed!


three points.

1)debts are civil matters,not criminal ones.
2)you never got anything in writing from this bottomfeeder.
3)you can file fraud charges against them with your bank for unauthorized withdrawl.because you never agreed to anything in writing and you can revoke a check by phone or withdrawl at anytime.

i would follow your bank's advice and close that account.whoever this bottomfeeder is i would send a DV and C&D letter cmrrr.do not agree to anything over the phone.my saying is...nothing in writing no payment.this bootomfeeder can't do anything they say as far as crminal prosecution.


lrhall41

Submitted by paulmergel on Sat, 11/01/2008 - 10:25

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glad to help.remember,nothing in writing...NO PAYMENT.i wouldn't even talk to them period.if they call hang up.


lrhall41

Submitted by paulmergel on Sat, 11/01/2008 - 12:45

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we gave a motorcycle place 800.00 for a down payment they told us they would hold the check until my husbands inhertiance check came, they called and said that they could only hold it for 21 days because they telechecked it, so i stopped payment on the check cause the money was not there, now telecheck called wanting there money now and they said they are going to charge me with felony check fraud, they will not take payments can they do that?


lrhall41

Submitted by on Wed, 11/26/2008 - 08:43

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Did you first ask the motorcycle place to destroy the check since they could not hold up their end of the agreement and you were no longer interested?

As for telecheck I am not wholly certain how to handle that, I know that they keep you in their files and you won't be able to write another check with any company that uses telecheck. You should explain to them that the company dishonored the agreement and so you stopped payment on the check and that was that. You can't be held for any 'bad check' charges as you didn't receive any merchandise so it can't be considered theft by check.


lrhall41

Submitted by goldenbast on Wed, 11/26/2008 - 10:25

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I would call Telecheck and give them her name and info and also call back anyone who contacts you here info. Ask them to remove your name from the file that deals with her.

Did she use your checking account or her own?

If she wrote a check for 100,000.00 and did not have the funds to cover it......that is wrong, sorry and she needs to handle it herself. Postdating checks is illegal in most states BUT receipt of products without payment is a criminal act if they turn the check over to the DA.


lrhall41

Submitted by on Wed, 02/18/2009 - 11:13

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