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Thoreau (T-USA)
Thoreau (T-USA), Attorney
Category: Legal
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Experience:  Attorney
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An old friend contacted me saying her belonging were stolen

Resolved Question:

An old friend contacted me saying her belonging were stolen and feared someone would steal her money from her bank. she told me that when she went to remove her money her bank denied her access to her money due to not having any form of identification. she stated that her bank told her that she can only remove her money by handing out a series of checks to a friend and having them cash them. my girlfriend and I cashed a total of 8 checks all within a couple of days and got the money with no problem. days later we got noticed that in the bank statement all the checks bounced and we were left with a negative on the account. we tried to contact this individual but no luck, she ignores our calls. we filed a police report and have paid off the negatives on the accounts but the banks are closing the accounts due to "suspicion of fraud", but we are the victims. we were left with a about a -$5000 and seek to file a small claims suit, but would also like to know how we can clear the suspicion of fraud from chexsystem.
Submitted: 4 years ago.
Category: Legal
Expert:  Thoreau (T-USA) replied 4 years ago.



­Please click Accept so that I will receive credit for my time and effort spent responding to your question.


Thank you for your question.


Unfortunately, a business is typically entitled to refuse to deal with parties the business believes may have engaged in fraud. Sadly, a business is not required to give customers any "due process" prior to making such a refusal. However, if a party has interfered with a business relationship between two other parties, the parties injured by the interference could potentially have a basis for a lawsuit, such as one based on the theory of tortious interference with business relations. Further, when one party relies on another party to his detriment and is damaged by the other party's failure to fulfill the party's promises, the party damaged may have a basis for a detrimental reliance lawsuit.

If law enforcement contacts you regarding a criminal investigation, you may wish to involve your attorney, as anything you say may potentially be used against you in court. Your attorney can help you to avoid incriminating yourself. Further, your attorney can evaluate the evidence to help you determine what your best defense might be. The key in criminal defense is to show that a reasonable doubt exists that the party committed a crime. The fact that numerous people were so affected could potentially be helpful in showing that a third party was deceiving you and that you were not acting to defraud the other party. Your attorney will evaluate the evidence to help you field a defense if you are charged.


While I can control the quality of an answer, my control over the content of an answer is restrained by the truth. Please do not shoot the messenger.


Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does not close the question and you are still welcome to ask follow-up questions if you need clarification.


Sincerely,

T-USA


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Edited by T-USA on 7/1/2010 at 7:53 AM EST
Thoreau (T-USA), Attorney
Category: Legal
Satisfied Customers: 9176
Experience: Attorney
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