Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
How old is the check?
And were you aware that it was postdated when you accepted it?
Ok, the problem here is that if the person gave you a postdated check, then they are essentially telling you that the check is no good right then. So that isn't a criminal action or fraud because they are telling you that there is no money to cover it at the time they deliver it to you.
So this isn't something that a District Attorney is going to agree to file any type of criminal charge on.
Your sole recourse here would be to sue the person for breach of contract if the statute of limitations hasn't run yet. I don't see what state you are in, but if you can tell me, I can let you know if there is still time to go after the person by suing them.
As for the website, I am just a site user like you so you would have to ask JustAnswer customer service any questions about the website itself..
Ok, whether it was a few days or a few months, if it was post dated, then the check was no good when it was put in your hand. Were they intending to scam you?.., that may be likely. But you chose to accept a check that was postdated and therefore not good when you got it.
I am not making a judgment about whether it was a good idea to do so, I am just telling you that no DA is going to pursue this as a crime 8 years after it happened. You are free to try and file a criminal complaint, but it won't go anywhere. Even if it was definitely intentional fraud, it is likely past the statute of limitations for criminal and civil prosecution 8 years later.
A person has to take action to enforce their rights within a reasonable time or they lose the right to pursue things.
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
Ok, if you feel that the DA would take up the case, then I encourage you to contact them and file a criminal complaint to see if they would do so.
You are very welcome.
Before going to DA, i would like to hear Legal opinions re: my Complain and what are my chances to succeed with it.
Honestly, I don't see much of a chance here 8 years after the incident. Prosecutors have enough fresh cases to prosecute without trying to revive an old stale case that they would be trying to stretch the statute of limitations to cover. But obviously this is just my opinion based on 15 years practicing criminal law and your results may vary..