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Check Fraud Law Questions

What is check fraud?

The most common form of check fraud is when a person writes a check knowing there is not sufficient money in the bank to cover the check. Another form of check fraud is called “paperhanging”; this involves the deliberate use of a closed account to write checks. Check fraud scams are happening all over the world and leave many wondering how to report check fraud and needing answers on check fraud laws. Read below five of the top check fraud questions that have been answered by Experts.

Can a check fraud victim get restitution if they were to sue after 4 years?

This should ideally have been addressed in the criminal case for fraud, as the Judge should have ordered restitution. There is a three year statute of limitations for fraud, so suing after 4 years would be beyond the time window and there may no longer be a legal recourse.

What can a victim of check fraud and mail fraud resulting from Canada do?

If you can determine the party who defrauded you, then you could sue them in Canada, since they would likely refuse to submit to jurisdiction in the USA, and any judgment you received would never end up being collected. You should report the claim to the US Postal Inspector and the state attorney general's office at the least. These groups are very rarely successfully sued or even prosecuted because the responsible persons usually can never be found.

What is the statue of limitations for check fraud (forgery, theft) in NJ?

The statute of limitations in New Jersey for Forgery and/or Fraud is 5 years. However, for a fugitive from justice, or if prosecution is pending for the same offense, the statute of limitations is tolled and begins to run again only after one of the following conditions is met:
1) The fugitive is apprehended
2) The first check fraud charge is dismissed
3) The accused if found guilty for the first charge.

What is the maximum penalty if found guilty of 115 counts of check fraud?

Case Details: Informed by a detective that they had over $51,000 worth of fraudulent checks

For checks under $200 it would usually be a misdemeanor offense and the accused may not face jail time. However, with 115 counts and over $51,000 in charges, this could not only prove to be a serious felony but also a Federal Offense. Check fraud laws may vary by state, and asking an Expert for specific evaluation of your case would be a quick and affordable way to find legal insight and answers to your questions.

What is the check fraud penalty in California for $5,125.00 on a closed account?

It can be hard to say what will happen when a person goes to court, because there are often many factors to the crime that is not always the same situation as others. Many times court cases take a case by case stance. However, there are both civil punishments and criminal punishments for theft and check fraud. Either can be presented or pursued, but usually you will only have to pay restitution or pay back the checks. There are add-ons like fines and assessments for each.

Whenever a criminal code refers to a punishment as 'punishable in the county jail or state prison for up to one year', it is presenting the maximum possible sentence. It does not reflect the many alternatives before you get up to the one year or more as maximum. Unless a statute or code specifically states that a sentence cannot be suspended or continued, or is a 'minimum mandatory', a judge can issue a sentence up to the maximum that includes probation, restitution, programs, like diversionary check programs, etc.

Whether faced with charges of, or being a victim of check fraud, many questions go unanswered because the accused or the victim may not know where to turn for legal guidance. Asking an Expert to evaluate the particulars of your case and provide legal insights and answers can be a quick and affordable way to arm yourself with legal information that will help you take informed decisions.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2453
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
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Counselor at Law
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Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Check fraud Questions

  • In the fall of 2012 I went to get the suspension lifted off

    In the fall of 2012 I went to get the suspension lifted off my license in Illinois by paying all my fines off. I was eligible to get my license reinstated in 2004. After paying off the fines, the State of Illinois then proceeded to tell me they could not reinstate my license due to an outstanding warrant from 2002. Below are the details I have found out about the warrant.
    On Oct 3, 2002, I received my second DUI, which would have made it a felony.
    In March of 2003, I was arrested by the Cook County Sheriff for outstanding warrants (all traffic related). I went before the judge and he sentenced me to a period of incarceration, suspended, and a year on probation. At the time of my release from CCJ, they ran me through NCIC and found that I had a warrant in Indiana for Check fraud. I was then held in CCJ until Indiana cam and picked me up. I spent a year in and Indiana Jail serving the sentence for check fraud. Upon my release from incarceration in Indiana 9April 2004), they also ran another warrant check, and a warrant for Illinois had come up for violation of probation from the sentence a year prior. I was the transported by the Cook County Sheriff back to Illinois where I went before the Judge again, and the case was then closed. I was subsequently released from the Cook County Jail (after they had again ran my name to which no warrant came up).
    I have been living in Tennessee since and have had my name run on a few occasions (just standard procedure when traveling with someone when stopped for speeding), and nothing came up. I was arrested for petty theft in 2011 (Didn’t pay a bar tab) files were dropped and again released from jail after being run through NCIC.
    I had been my father’s caregiver through his battle with cancer and needed to be able to drive him to his Dr’s appointments, which is why I started the process of reinstating his license.
    The warrant was issued well before all of the times being ran though NCIC and it never came up. I would have very happily (well not happily) dealt with this at the time. Now I have a successful life, I have a great career and currently in College. I can’t afford to go turn myself in to get this dropped, just to get my license back.
    Is there anyway I can get this thrown out since it has been 12 years, BTW the warrant STILL does NOT come up. There’s no way I can face my accuser, I was not afforded due diligence in being served the warrant ( I was incarcerated twice by the Sheriff that issued the warrant).
    I’m not trying to get out of a mistake I have recently made, but one that was made 12 years ago and could have been taken care of then. All I want is the opportunity to continue being a productive member of society, to which this will take that away from me.
  • what is the statute of limitations for check fraud in cali

    what is the statute of limitations for check fraud in california
  • My son is currently being held in jail in North Carolina on

    My son is currently being held in jail in North Carolina on check fraud charges. He is also being held for charges of probation violation for the state of Tennessee. At first he had a bond for Tn in the amount of $25,000, last night the jailer bought him a new official warrant with no bond for Tennessee. My question is do you think Tennessee will extradite him back on the violation. He was on probation in NC for the state of TN on financial $500. He was placed on 4 years probation back in 2009. He did really well for about 3 and half years. He violated by testing positive for marijuana and then eventually not reporting to his probation officer. He still owes TN about $2000 fee. Do you think TN will extradite him back on this violation. What can he do to fight extradition?
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