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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23147
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My ex signed a check over to me which I deposited. He is now

Customer Question

My ex signed a check over to me which I deposited. He is now accusing me of stealing a filed for a fraud claim. I paid half the money back at his request to drop the claim. He now is requesting the balance or he will continue with the fraud claim. Is this legal in PA?
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: Pennsylvania
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you think the lawyer should know?
Customer: I deposited the check at 9am and he accused me of stealing at 12pm. Banks with Wells Fargo.
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 2 months ago.
Expert:  Zoey_ JD replied 2 months ago.

Thanks for the reply.

It is considered extortion to threaten to prosecute someone for a civil debt, whether he is owed the money or not. Extortion (blackmail) is a crime in and of itself.

Customer: replied 2 months ago.
My question is if I filled out the check because admitted he didn't know how and then he signed it. I deposited it. Does he have grounds for a fraud claim through his bank?
Customer: replied 2 months ago.
I realize his tactics are blackmail but my response is in fear. So I want to find out if he can file a fraud claim in the state of Pennsylvania. Ohio yout cannot.
Expert:  Zoey_ JD replied 2 months ago.

When you say file a fraud claim, do you mean report it to the police? Were you in Pennsylvania or Ohio when you deposited the check?

Customer: replied 2 months ago.
Pennsylvania and fraud claim with his bank
Expert:  Zoey_ JD replied 2 months ago.

Sorry for the delay. I don't see how his bank is liable here. He signed the check.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 2 months ago.
He continues to file the fraud claim. Will I be given the opportunity to dispute or fight it?
Expert:  Zoey_ JD replied 2 months ago.

If he files the fraud claim, the bank will investigate it. If they deny the claim, that ends the matter, if they pay the claim, then the bank will turn the matter over to the state to charge you with fraud. You'd be able to fight the case.

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