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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13136
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I have a situation that I am in that I am totally confused

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I have a situation that I am in that I am totally confused as what to do. I do not have the money for an attorney. I became unemployed and needed to get my 401-k or savings with a company I worked for. I sent an email and asked the Assistant GM to request it for me, She never notified me so I assumed it would be sent to me. I had seen my ex request his in the past and receive it in the mail. I received a check from a company in somewhere in Alabama , I assumed it was my savings, I do not have a checking account so I took it to where I cash any checks and they cashed it with no questions. One week later a man came to the place I live with my sister and her husband and this man gave his name as Perry Lee, I was asleep and instead of telling them he needed to Talk to me, he told both of them that I had cashed a bogus check at his store. He then said to my sister that she knew it was a bogus check, my brother cashed the check and it really pissed me off. I called the police department but decided I would call myself and see if I could take care of it. make sure you tell her I need to talk to he it is important. Then he gave them the number and left. I got up and called this man back, I was confused and mad as hell myself because he told my personal business and said I knew it was bogus. he said he did not believe I did not know the check was bogus , if I had known that I would not have never cashed it. I cash checks here all the time so much that the man there knew me. I talked to this man and he was mean as hell. What can I do. he is saying the police said they would arrest me and prossicute me for cashing this check knowing it was not good. I am saying to him on the phone that I did not know it was no good and he is calling me a liar Please help me with this, he is a bully, he is mean and did not want to hear anything from me. The money went to pay bills and that is why I had asked for my savings Vicki
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire : Hello. My name is XXXXX XXXXX I will be glad to help you.
Alex Esquire : Are you online with me?
Alex Esquire : Hello. My name is XXXXX XXXXX I will be glad to help you.
Alex Esquire : Are you online with me?
Alex Esquire : I see that you are currently offline.
Alex Esquire : Welcome to JustAnswer.com
Alex Esquire : I am sorry to hear about your difficult situation.
Alex Esquire : What is the amount of the check that was bad?
Customer: $2,800, the same as my savings would have been, give or take a few dollars
Alex Esquire : Who sent you this check?
Customer: A company in Alabama that I did not know but I also did not know where my savings would come from. Reliance, I think was the name
Alex Esquire : Why did this company send you a bogus check??
Customer: I do not know, My name was typed on the check and the check stub had my name and the works as requested. it was in an envelope that cost $8.90 to mail
Customer: words as requested not works
Alex Esquire : Do you have any prior criminal history?
Customer: Absolutely not, I am retired and have never been in trouble before, I have cashed many payroll checks at this store and I shop there
Alex Esquire : I undestand.
Alex Esquire : understand*
Alex Esquire : Dear Vicky, let me start by letting you know that it is a very serious situation.
Customer: I am scared to death and do not have that kind of money
Alex Esquire : First of all under the law, you would be civilly liable to reimburse the check cashing store owner for the full face value of the check, plus any fees that he had paid because of this check being bad.
Alex Esquire : Unfortunately, the store owner, might also be able to pursue this matter criminally by filing a report with the police and the local DA
Alex Esquire : If the criminal charges are pursues, you would be facing a misdemeanor charge with a minimum jail sentence of 5 days in jail and maximum of 6 months.
Customer: I told him how sorry I was and he told me he was pissed and did not want to hear my lies, he also told my family all this without me there, is not wrong?
Alex Esquire : Also, you would be subject to various fines, court costs and a full criminal restitution.
Alex Esquire : It might be wrong, but it is not illegal, as long as the information that was told to your family is correct.
Alex Esquire : I will be very straight forward with you on this, the explanation that you did not know anything about the company or the check, but decided to cash it, without conducting your due diligence will not sit well in any court or with DA.
Customer: I do not understand why this all happened and I am in a mess. I guess I go to jail because I just borrowed this fee from my sister and that Is all I have. My SS is only $700. a month and I will never get a job now for sure
Alex Esquire : Have you offered to enter into an agreement with the store owner to repay this amount to him and to resolve this matter?
Alex Esquire : It would make more sense to try to negotiate a resolution with the cash checking store owner, without going the criminal route.
Alex Esquire : Do you know if the store owner has reported this to the police or DA?
Customer: I offered to pay him some every month even though I did not know how to resolve this and he said he was not in the Fing business of taking care of my bad debts
Customer: he said he has and asked them to wait till tomorrow, Monday to charge me with this
Alex Esquire : Well, in this case it would be a very good idea for you to try to come up with the money to reimburse the store owner, as not only you can face criminal conviction and potential jail, but you will be ordered to repay the full amount plus very hefty fines and fees, which can be triple the amount on the face of the bounced check.
Customer: How can a company get away with this? and a woman like me thinking it is my savings. I got a letter yesterday in the mail from my savings, Montgomery, Alabama, stating I have 235. 00 in savings at this time. I had been told it was $2,789. before. so paying him with that is out also. I cannot believe a citizen like me could fall into this trap.
Alex Esquire : Unfortunately, you are personally responsible for any check that you do cash.
Alex Esquire : Since the cash checking store is a third party business that simply cashes checks for customers.
Alex Esquire : It is very unfortunate, but the only way to resolve this situation amicably, is for you to somehow come up with the money to reimburse the store owner and to get a document in writing from the store owner, stating that he releases you from any further liability.
Customer: If they had done their job at the store and verified it like they have others, I would not have this mess. it is not a check cashing store it is a local grocery store
Alex Esquire : I understand, but you are still liable under the law for any check that you present to be cashed.
Customer: Thank you for your time
Alex Esquire : So, basically, the store might not have a criminal case against you, as long as you reimburse the store for the money they have given you.
Alex Esquire : I am so very sorry you are in this terrible situation, but please understand that you do not want for this situation to go from bad to worst, by trying to argue that the store is at fault, which is simply not the case under the law, but I would suggest that you focus on reimbursing the store, before this matter becomes a big legal issue.
Alex Esquire : Please let me know if you have any related follow up questions for me?
Alex Esquire : Please click on the excellent service rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.
Alex Esquire : I wish you the best of luck and GOD bless you!
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13136
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 10 other Criminal Law Specialists are ready to help you
Expert:  Alex J. Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Alex J. Esq. replied 1 year ago.
Dear Milford,

Please click on the excellent service rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

I wish you the best of luck and GOD bless you!

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