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Legal question about check fraud.

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posted on Feb, 3 2014 @ 02:56 PM
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reply to post by apydomis
 


Contact your state Investigation Unit for guidance.

Good luck.




posted on Feb, 3 2014 @ 05:29 PM
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apydomis
reply to post by boncho
 


I accepted 2000 dollars an lost out on 800.


You didn't lose out. If you took the money and signed "paid in full", you took a cut on how much you were being paid for the job.

Actions have to match words. You can't sign off on a job and then say you were supposed to get money. Someone claiming they did not get paid, but the documentation says they did, as far as small claims or larger courts are concerned they were paid.

(Unless it states $2800 on the document)

And whatever agreement you had verbally, doesn't mean anything. Which means in the future you can put it down on paper first. And don't sign anything until you are given the full amount. And if you are given less, that is noted as well.

Documentation for everything…

And if it's cash, and you are not claiming it, (I won't go into legalities here) but the general rate is lowered with most contractors. That really is the underbelly of construction though… But my point is, if it's not above board in the first place, don't expect the law to help you when you get screwed.
edit on 3-2-2014 by boncho because: (no reason given)

edit on 3-2-2014 by boncho because: (no reason given)



posted on Feb, 3 2014 @ 05:31 PM
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I have dealt with this type of situation before. If he wrote you a check, then that check is his promise to pay you. If he closes the account after writing it, it's a felony. Call the police department and ask the local laws. If everything you wrote was correct, by explaining the felony charges to him, I feel certain he will find it in his heart to come up with your payment.

check fraud is a felony.



posted on Feb, 3 2014 @ 05:37 PM
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Hoosierdaddy71
Take the check to your bank and tell them the story. It's check fraud. They will tell you your options.


No it isn't. If he's paid in cash (which he was) and he signed a document "paid in full" he was paid. Unless the document states $2800, (which the OP stated $2000 was in cash) the $800 is still owed to him.

He can either cash the check at a pawn/third party broker, or take it to the bank, get documentation it was stopped, and then proceed to small claims court where he will win. But there needs to be something stating he was paid $2000 cash and $800 check.

Unless there is a contact in writing of the job performed and the rate, there's nothing backing him beyond his word vs. contractors word. Verbal contracts may be legally binding, but they can't be proven. Which is why I assume the advice he's received so far is to let it go.



posted on Feb, 3 2014 @ 05:47 PM
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reply to post by boncho
 


I am going on the assumption that he wrote paid in full after receiving the check for final payment. I had the exact same thing happen and when the check writer was given the options, facing a felony was serious enough to make them re-think their position.



posted on Feb, 3 2014 @ 07:00 PM
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network dude[/
If he closes the account after writing it, it's a felony. [/url]

law license
NO IT'S NOT! And this is why listening to these lawyer wannabees who think that because they watched all the Law & Order reruns they are qualified to give legal opinions, which, by the way, is, if you don't have a law license, a crime. Writing a check after closing an account can be a felony. Closing an account after writing a check is stupid and probably a breach of the contract to pay, and an abrogation of the pro tanto discharge of the underlying debt, but is not a crime.
I actually spent the 19 years it takes to get a law license. My advice, which is free and therefore worthless, is to forget the whole thing.



posted on Feb, 3 2014 @ 07:14 PM
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reply to post by F4guy
 


Look sport, I was passing along my experience. Seeing as how I am not a police officer, I have no authority to arrest anyone.

My link does say this:

writing checks a person knows cannot be cashed


And I am Warren Buffet's pool boy, so I do know what I am talking about.



posted on Feb, 3 2014 @ 07:21 PM
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I"ve been in your shoes. When all else fails, when the courts are exhausted and the scumbag walks away from screwing you. If the man goes to church, go to his church and embarrass his asre off. After that a good ole "arse whopping" should do the trick. Want get you your money, but at times personal satisfaction will suffice for cash.



posted on Feb, 3 2014 @ 07:31 PM
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reply to post by boncho
 


You are correct, it's not fraud. But he has a check written for the correct amount. That verifies his side of the story. He can take this to small claims and will only be risking the filing charge if he loses. If he wins a judgement the defendant will pay the court cost. To me $800 is worth the time.



posted on Feb, 3 2014 @ 07:56 PM
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Hoosierdaddy71
reply to post by boncho
 


You are correct, it's not fraud. But he has a check written for the correct amount. That verifies his side of the story. He can take this to small claims and will only be risking the filing charge if he loses. If he wins a judgement the defendant will pay the court cost. To me $800 is worth the time.


The OP hasn't stated the check amount specifically.

And it matters not, unless he has the full amount documented. The contractor can claim the agreed upon amount was what he gave him, after negotiation, then cancelling the check.

Specifics in these stories are very important and the OP hasn't given the ones needed to fully assess the situation.

I totally agree with you small claims is the way to go, but depending on whether or not the amount is on the waiver or he has a services bill will determine whether or not he wins. He signed something saying "paid in full" he needs to be able to prove the amount, and that the check was part of that amount.
edit on 3-2-2014 by boncho because: (no reason given)



posted on Feb, 3 2014 @ 08:01 PM
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network dude
reply to post by boncho
 


I am going on the assumption that he wrote paid in full after receiving the check for final payment. I had the exact same thing happen and when the check writer was given the options, facing a felony was serious enough to make them re-think their position.


He was given $2000 in cash, and a check for $800. For all we know the terms of that check was "whether or not the owner will pay the full amount" because the job went over budget etc.

If people want real advice they have to give real details and the OP has left out a ton.




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