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    kjordan08's Avatar
    kjordan08 Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 10, 2009, 12:55 PM
    Can I sue someone who gave me a bad check to cash
    I cashed a check for a friend through my bank account. Both checks came back nsf and overdrafted my accounts. This happened in the middle of August this year and he still hasn't made any effort to repay me. When it happened I asked him about it and found out he had stolen checks but he swore that these were legitimate checks. The checks were company checks though not personal. He admitted that he said hed pay me back but also told me that when this happened he was lying to people and addicted to drugs. When I confronted him and said that if he didn't start repaying me I would take him to court he told me that the checks were my problem because I cashed them, even though he gave them to me to cash. He also said that I can't do anything because whoever he stole the checks from (I never found out exactly what happened with that) didn't press charges so there's no crime. It also looks like his hand writing on the checks. Can I sue him for giving me the bad checks to cash? My damage all together ended up being $400
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #2

    Dec 10, 2009, 01:28 PM

    I'm not clear on something. How is it your friends fault that you overdrafted your account? When you were the one who cashed stolen checks?

    He is wrong about one thing for sure. Just because no charges were pressed does not mean that a crime was not committed. Whether anything is done about a crime doesn't determine whether one was committed. The company choosing not to take action does not make stealing and cashing stolen checks legal.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Dec 10, 2009, 01:33 PM

    I'm not clear either. The only thing clear here is that your "friend" gave you checks, you deposited them in your account and the checks were returned as NSF.

    Were these checks made out to you or your "friend" or neither? If made out to your "friend", did he endorse them? Who was the original signatory? Did you know the company whose account the checks were drawn on?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Dec 10, 2009, 04:30 PM

    You can just sue them, for owing you the money, you can show how he gave you fake checks or NSF checks or what ever in court if you want, but at the end of the day,
    1. he owed you money
    2. he has never paid you the money
    3. so you can sue him for 1 and 2.

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