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Someone is Claiming I cashed in a forged check, what can I do?
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Someone is Claiming I cashed in a forged check, what can I do?

I rented out a room during the summer in my college apartment to a person, when his lease terminated the tenet left unexpectedly leaving unpaid bills and an unclean room. I cashed in his deposit check for $250, that we agreed we would talk about after the lease ended, and is also mentioned in the lease itself. Shortly after cashing in his check he claimed that I forged the check, my bank closed my account and is placing me in the check system. The bank also told me that my account is flagged for confirmed fraud and that he did a sworn statement and neutery republic so there is nothing the bank can do for me. The douchbag wrote me checks before for rent and it looks the same as the deposit check. What I can do to get out of this situation? He wont pick up any of my calls or texts. Do I need to get a lawyer, and is this situation going to rise into fraud charges? Really I don't know what to do any advise is helpful. Thanks


    




Sassy
Rating
hire a lawyer and sue


blondeqtpie13
I would definitely get a lawyer.


Don
You should be able to handle it through small claims court. Take copies of the checks he has written in the past to compare to the one you cashed. This should be easily explained to the judge. Good Luck.


Landen 5/3/06 Lane coming 6/1/09
Rating
You really need to get a lawyer and sue this guy for the 250 any charges from your bank and legal fees...he screwed you royally! That or go to your bank pay your negative balance for the check...because if you are in check systems you have unpaid debt and you will not be able to open an account anywhere until you get that taken care of good luck!


election2009
Go to the police and report fraud. Then get an attorney. Also, write a letter immediately to your bank stating that you are in dispute of their claim and send it certified mail. Call your states division on banking to ensure that your bank was allowed to take this action without proof. Get a copy of your credit report from all three bureaus as well and make sure your credit has not been damaged.


tkquestion
You have a lease agreement that talks about $250 dollar check don't you? Does the signature match his signature?

Where did he make his claim? Bank? Police? As much as he can make a sworn statement, so can you. If the bank says your account is "confirmed" fraud, they have more information than just someone claiming so.

I'd work with the bank first, then report it to police. Then, claim it in small claims court. Retaining an attorney for $250 dollar loss is waste, unless you had more in the account or much more is at stake.


bobs
Rating
Contact your local legal aid office. You shouldn't have to pay for an attorney.


Laura C
you had no right to cash this persons check no matter what you should of taken this person to court to have him done civilly no small wonder he had you done for fraud why should he answer your texts or calls you did the dirty on him in the first place by cashing checks if he gave you the check in the beggining for the deposit you should of cashed it in there and then he will also have to prove these checks are not signed in his hand the bank will get round to asking him for his signature


Relax, I'm here now.
If you did nothing outside of the contract agreement, you have nothing to worry about.


sready8
Rating
You need to look at getting a lawyer...

If you didn't sign his name to the check then there is no forgery and nothing at all for you to worry about; however, if you did sign his name then be very concerned about forgery charges being brought against you.

You are currently in a waiting position... Waiting to see what the next move will be, just be prepared.

Your greatest relief is if you didn't sign his name to that check?!?!


ca_surveyor
Rating
Ok.. here are some suggestions.

1) FIrst get a copy of his notarized statement and your correspondence from the bank. If they have not done so, have them put in writing (signed by a bank officer) a summary of your account and what their position is on the matter.

2) Move your bank account. Take your money and put it somewhere that your former roomate does not know or have access to (he has your account information via the disputed check for which he certainly has a copy.

3) You should have received the original check back. make a copy to work with and put it in a safe place.

Ok.. you now have to make a choice.

1) You can go to an attorney and pay for some advice an possibly action.

2) You can file a small claims action against your former roomate to for the amount that he owes you. The judge may or may not be able to deal with the issue of potential forgery. Small claims actions are easy to do, do not require a lawyer, and will cost you about $100 in filing and process service fees which you will recover if you prevail. But make sure you have all of the documents that you need first. ESPECIALLY the bank letter and copies of his statement. If the bank will not issue you the letter, you can issue a subponea to the bank to compell someone to appear at the trial and testify...just make sure you know what they are going to say before you ask the question in court.


There will be no fraud charges unless your friend takes the matter to the police who, by law, are obligated to investigate and, if warranted, act on the matter. If THAT happens then forget option #2 above.

If you are completely innocent (I write this because there are always TWO sides to any story and we can only hear one on this forum) then you should take a pro-active/agressive stand on this and do it promptly as delay will make it appear even more like there is substance to his claim.

good luck..

.


Vince L
you could do 5-6 years


stanleys_2001
Rating
Okay...

I know it's too late... But... That check should have been CASHED before they moved in - and held in escrow.

As for your bank... I'd go there and take all my money out and go to another bank. They should have honored the check.


Steiner
Rating
First off you need to now " TYPE UP A LETTER " Of what happend word by word . Now you need to Call the police A.S.A.P Find the Fraud Dept. Fax over your letter and talk to one of the desk workers ask him or her what needs to be done now . They will advise you to get legal help this is true but now BUT Now - you are ahead in the game , you took action and called the police and faxed the letter , the court will see this with a big positive . Thats if you goto court , I say you have a 50/50 chance if you do what I said .

Good luck from STEINER - - -


Joe H
Rating
Wow you really got taken if your statement is true. If you forged a check you would be arrested and booked. Law enforcement would tell you to stay away from the other party. If they claimed you forged a check, it can be proven by a law enforcement specialist and not be much of a hassle. They will make you sign on a paper like 3 X your signature and seek proof (a la drivers license) etc.


celticagent
A good attorney can help you with this.


Gorgeous Beast (2)
You need to go on a killing spree.


VCW
Rating
Definitely get a lawyer!! don't waste anymore time asking....and waiting for a solution when you know the obvious one is the lawyer. Is your money man!! Fight for it!!!!!


♥ || Brown Eyed Girl || ♥
Tell him to show you proof! Take him to court for all he's putting ou through. He will have to show the judge his bank statement where it clearly shows that check was cashed and the $ was withdrawn from his checking account.


Lab mommy
GET A LAWYER!


Natalie S
you need to get the copy of the lease and call a lawyer. when fraud is brought up you need one so you can be protected and get that off your record.


annlyvqp
Rating
i used to work for chexsystems...what you need to do is show your claim to your bank, they are the only ones who can take you out of chexsystems and clear your name of this "forged check", if this is your first incident/problem with the bank, you can probably ask them for forgiveness and see if they are willing to take you out of chexsystems. it all depends on the bank's policies and procedures, whether or not they are strict or lenient. a lawyer is unnecessary, they tell the lawyer the same thing they tell you, nothing more. i suggest you contact a bank manager and find out exactly what you need to do and how to get this cleared from the bank and from chexsystems, because if you are in chexsystems, you will not be able to get another bank account for the next 5 years.


short cake
Rating
A lawyer can help you out better than any of us can. More than likely you will be going to court trying to prove that you didn't forge the check.

A lesson learned I guess.


kellygirl
I would recommend talking to a lawyer. You can recieve advice over the phone or perhaps set up a free consultation. Whether you retain a lawyer or not, I assume you will find yourself in small claims court at some point. You need to sue this guy for making false claims against you, bank fees, legal fees, and perhaps some kind of pain & suffering. You will need to bring several things with you to the lawyers office and/or courtroom to be evidence on your behalf. You will need to bring the lease, the check for $250, the previous checks, the unpaid bills & receipt for paying them with the $250, and pictures of the unclean room, paperwork from bank stating that your account is closed & you are being put in the check system, and proof of all bank & legal fees. That should be enough to get your lawyer or the judge to understand your case. Good luck!


Happy- Go
I wouldn't be threatened by the bank...If you claim you have done this before and all was well then. You shouldn't have a problem...Just get a checking account at another bank...Their are plenty to choose from !!!


hisssed
Rating
Contact your local Police Department. Identity Theft is an offence.


♥Sugar Bear♥
Rating
You need to take him to small claims court and sue him for the money and for damages due to his slanderous actions against you. You need to take your lease agreement and a copy of the check and it would help if you had copies of any other checks he wrote you for analysis. Good Luck.


Jenny R
Go to the bank and get copies of all the checks if at all possible and especially a copy of the check in question. Hopefully you have saved all the forms and agreements signed by both of you. Then you contact a lawyer and sue him for defimation of character, false alligations, the loss of the damage check of $250. Don't lay down and let this person walk all over you.
If the check was written to you for deposit then it's yours to cash. Seek legal help straight away.


Black Donnelly
Rating
You must get a lawyer to help you. And then find the person who did this to you and press charges against him for writing you a bad check, fraud and a number of other charges. Then once it is worked out, you can go to your bank and straighten things out with them.


iRule
Lawyer time.





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