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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33713
Experience:  Attorney with 15 years experience in various consumer protection areas
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Old Bad Check. Just discovered. Person wrote post-dated

Customer Question

Old Bad Check. Just discovered. Person wrote post-dated Check - there was No Money to cover it. On the Day, it suppose to be deposited - there still was No Money to cover it. The Check issuer - called Not to Deposit - ( for made up reason) but it was already Deposited. The Check issuer - put STOP Payment. 6 months later - Stop Payment was removed by Bank - and Check bounced - since there was No money again to cover... but Issuer made-up all kind of stories not to pay for the Goods, when in reality - there was NEVER enough Money on the Account to Pay for Goods. To avoid Payment - issuer claimed the Goods "not worth it" as excuse not to pay. Is this a Bad Check and Fraud? Can I make a Police Report - on Old Bad Check?
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 8 months ago.

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.

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How old is the check?

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And were you aware that it was postdated when you accepted it?

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thanks

Barrister

Customer: replied 8 months ago.
Is this Questions/Answers - ALL at Public view? Check is 8 years old, but just now found out, there was never enough Money to cover the Check.
Expert:  Barrister replied 8 months ago.

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.

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So this isn't something that a District Attorney is going to agree to file any type of criminal charge on.

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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.

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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..

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thanks

Barrister

Customer: replied 8 months ago.
Issuer of the Check told to wait few days - to transfer Money. So, the issuer KNOWINGLY wrote NSF Check and admitted it to me. I trusted the Person and accepted the Check ( significant amount) in exchange for Goods. On the Day of passing - I knew, there was No Money. On the post-dated Day - I did NOT know - there still is NO Money - and Deposited. Issuer Claimed - Money was No problem, first. Asked Not to Deposit - aka something need to be checked...
Customer: replied 8 months ago.
After learning, that Check already Deposited - issuer put STOP Payment.
Expert:  Barrister replied 8 months ago.

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.

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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.

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A person has to take action to enforce their rights within a reasonable time or they lose the right to pursue things.

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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...

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thanks

Barrister

Customer: replied 8 months ago.
According to Fraud Law - the Statue of Limitations kicks in - when you Discover it. Civil Complain for Breach of Contract was filled before Statue of Limitation expired. During the litigation - was Discovered, that Issuer - actually never had Money on Account to cover NSF check.... bringing me to idea to file a Criminal Complain: I feel, i was set up and Person never had any intentions to Pay me
Expert:  Barrister replied 8 months ago.

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.

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thanks

Barrister

Customer: replied 8 months ago.
The issuer - still keeps Claiming - there were sufficient Money on account - but as I discovered now - it wasn't.
Customer: replied 8 months ago.
Before going to DA, i would like to hear Legal opinions re: my Complain and what are my chances to succeed with it
Customer: replied 8 months ago.
Thank you very much for Answering... and the most important - for asking those Questions.... it made me think and brought up more detailed memories of the event...
Expert:  Barrister replied 8 months ago.

You are very welcome.

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Before going to DA, i would like to hear Legal opinions re: my Complain and what are my chances to succeed with it.

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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..

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thanks

Barrister