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Hello Liz,My name isXXXXX a licensed attorney. Glad to try and help out.Sure sorry for the circumstances, truly. My heart goes out to you.Accordingly, I'm pleased to share some good news with you, as follows. Yes, at first glance, the law does require you to pay the face value of the check plus a service charge (fee) not to exceed the statutory amount. California Civil Code § 1719. However, here's the good news. The law also provides relief to one in your shoes, meaning you have the defense of illegality available to you. California Commercial Code § 3305(a)(1). If you haven't already done so, your very best next move would be to file a police report and then provide the financial institution with the case number.If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.I truly hope all works out for you.Take care,Ben, J.D.
I talked to a sheriff this morning and he took down the info but said it wasn't really fraud because i freely wrote the check and gave it to the individual and the person did not alter the check in any way before cashing it. He said it was not a criminal case.
I'm in limbo-- I don't want to pay Money Mart $220 but i also don't want to be taken to civil court and have to pay court costs.