[hakeemis]

In 2006 I wrote a check that bounced, as a result the bank froze my account took the money in my account and came after me for the balance. I moved and changed numbers because I was from out of state so the bank had no way of contacting me. Two years later I get a warrant for my arrest in the mail. I found out I was being charged with Felony forgery of a check because the checked I deposited into my own account has a routing number on the bottom from a different bank labeled on the check. After hiring an attorney and going through prelims the charges were amended to Felony NSF and Felony Grand Theft. I have a clean record, no arrest of any kind, I work as a professional etc... Needless to say I had to go to trial where the charges were reduced and I plead no contest to a misdemeanor NSF and I have to serve 60 days house arrest for something that begin with a big miss understanding. So my questions are:

1) Can I sue the credit card company that issued me the check with incorrect routing numbers that started this entire situation? In the police report they claimed that the check wasn't there's and neither was the account number when clearly if you look at my credit card it matched.

2) I had to pay restitution at the end of the trial for the balance owed, however the debt was sold to collection agency that I paid a smaller amount. Can the bank still collect on that balance when they sold the debt to an collection agency?

[ScottGem]

If you can prove that the someone gave you a check that was tampered with, then you can sue them.

If the debt was sold, you need to settle with the owner of the debt.

[hakeemis]

I settled the debt with the collection agency before the trial. For instance I owed the bank 4k, paid the collection agency 1500 but at the end of trial I had to pay the bank 2500 even after I settled the debt with the collection agency is that possible.

As far as the check, it was issued by Capital One, but the routing number was for Wachovia bank. Later we learned that Wachovia bank used to be part of Capital one through several aquistions. When I asked for Capital One to help clear things up since I was a current customer the declined to help me, in addition denied it was their check. The check from Capital One was a credit card check you receive in the mail with your monthly statement that was used.

[ScottGem]

Ok, so you got a check along with your statement that you could use for balance transfers or taking an advance against your account, etc.

How long between when you got that check did you use it? I find it hard to believe that Capital One sent out old checks in such a situation. What is likely to have happened is that you waited too long to use the check.

As for paying restitution to Cap One, it sounds like that may have been part of your plea deal for the passing bad check rap.

[hakeemis]

I used the check write away, it wasn't an old check. It was time dated a month. So you can get a better picture, let me explain more.

1) the check came from Capital One

2) I deposited the check into my checking account at Citibank

3) Capital One returned the check because they said I exceeded my credit limit

4) Citibank looked at the routing number and noticed they were different banks

5) Citibank contacts Capital One, but Capital One tells Citibank the account number on the check isn't theirs.

6) Citibank files a police report in Dec 06 claiming I some how created the check since Capital One said it wasn't theirs and the routing number is different.

7) Citibank freezes my account, takes what's left and comes after me for the rest.

8) I settle the debt with a debt collector

9) I get an arrest warrant in the mail Jan 08,

10) Plead no contest to reduced charges, and paid Citibank the difference I didn't pay the collection agency for the full amount.

[stevetcg]

Something sounds fishy here. If you were faultless in this why did you plead no contest to ANY charge?

[ScottGem]

I look at statement 3) Was that accurate? If it was the issue of the check was moot and its possible Citibank got it wrong.

[hakeemis]

I had a lawyer and good one, I plead no contest because once they found out that it was a mistake with the routing numbers they amended the charges to Felony NSF because I did write the check and grand theft because it was deposited in my bank account. When I went to trial it was rolling the dice, since the DA had to prove intent but I might have faced a jury who would believe I wrote the check with the intent to defraud the bank. If I went before a jury I would face the full felony counts with a min 1 year jail sentence. As a professional engineer I didn't want risk my future to a jury, especially when I never thought the case would get pass preliminaries, so anything could happen.