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What are your options in court if you cashed a check and didnt know it was stolen?
Wiki User
∙ 12y ago
A person is required to show identification for any check that is cashed. If a stolen check was cashed illegally, the right thing to do is to turn yourself in. The longer you wait, the worse it will be.
Wiki User
∙ 9y ago
Wiki User
∙ 12y agoMost crimes require mens rea or "guilty mind" to sustain a conviction. This means that the person committing the act must know what they are doing is wrong. Unless the circumstances indicate that you should have suspected what you were doing was unlawful (for example, cashing a check from someone you know had no money, or was not authorized to issue the check), you should be able to convince the prosecutor to drop the charges, or plead not guilty at trial and present evidence of your innocence during the defense phase.
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How can you charge a person with check fraud?
To charge someone with larceny by check, a person must go to the District Attorney's office and file a formal complaint against the larcenist. If a person wants to avoid this procedure, they can sue the person in small claims court for the amount of the check. This requires positive proof that the larcenist is the actual person that cashed the stolen check.
What are the release dates for America's Court with Judge Ross - 2010 Birthday Party Pay Up My Ex Cashed the Check 1-32?
America's Court with Judge Ross - 2010 Birthday Party Pay Up My Ex Cashed the Check 1-32 was released on: USA: 9 October 2010
What happens if you help a friend cash a check on your bank account and then later find out it was fake and old stolen from her dad and the dad reported it?
Report her to the police for fraud. Take her to small claims court for the money. Go to the police department that has jurisdiction over where the check was cashed (i.e., if the check was cashed at an Orlando bank, contact Orlando PD). Ask to fill out a statement in which you admit to cashing the check but deny all knowledge that it was stolen and forged. The reason you want to do this is that if the Dad already made a report, it's going to be very hard for you to prove you didn't know what you were doing and you could be charged for uttering a forged check. By proactively making a statement to the police, you're saying you're not guilty and you had nothing to do with the incident. This is important because in many states uttering a forged check is a felony. Believe me, this is what I do all day. Make a statement and hope your friend tells the truth.
How can a check made out to the decedent's estate be cashed?
A check made payable to the estate of a deceased person can be a problem. Legally, it must be cashed by the court appointed estate representative, i.e., the executor or administrator. If there is no other property owned by the decedent and no probate was filed, and if the decedent owned a joint bank account with another person, the bank may allow the check to be deposited in that account. However, if that doesn't work then a probate will need to be filed to establish the identity of the person who can legally cash the check.
Bought an RV and told when check clears you would get title you have contacted the lady 5 times in one month and she will not return calls you have a receipt and copy of check?
send a certified letter ,reference the info. phone calls, agreement, receipt, & check# if cashed. request title within 10 days or you will be pursuing court action. if necessary this will provide creditable evidence supporting you in small claims court. take all documents to court if this is the only remedy.
Do you have to go to court for a gun that was stolen from you?
Depends on the DA.
Can a lawyer request more money after check has been cashed as paid in full?
ANYONE can request additional money, whether they are an attorney or not. But if they have accepted the check as final payment AND it has satisfied the contract (that I hope you had) between the two of you, they would have to take you to small claims court for any additional amount they claim.
Is an IP address alone enough evidence of illegal activity in court?
No, it's not. IP address give a right to get permission from a judge to check your computer for illegal, stolen and so on stuff. The last ones are evidence enough in court.
Is it possible to find out if a pension check was cashed about 25 years ago?
Yes. Banks have to maintain records of all checks that were cashed by them. So if you want information from 25 years ago, banks may not be able to help you readily because the data is from so long ago. But, you can get a court order asking for this information if it is important and in that case the banks have to dig deep into their records and will give you the information you want.
Your car was stoleninsurance cut you a check you signed itbut you feel its to low is there anything you can do?
If you have already signed and cashed the check it's probably too late now. The endorsement area on the back of most insurance reimbursement checks contain a phrase to the effect that by signing/endorsing the check you "accept" the proffered settlement as payment in full. You could try taking them to Small Claims Court.
Is a divorce free when spouse is in jail for over two years for not paying his child support to his ex-wife child?
You need to inquire at your local family court for the options in your state, if any.You need to inquire at your local family court for the options in your state, if any.You need to inquire at your local family court for the options in your state, if any.You need to inquire at your local family court for the options in your state, if any.
Cashed your state tax refund before giving it to the bankruptcy court what happens?
Depends...assuming they had told you to turn it over - very possible the court will press contempt charges. Almost certainly they will dismiss your case.
