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Moe Manser
Moe Manser, Paralegal
Category: Criminal Law
Satisfied Customers: 162
Experience:  President of U.S. Legal Research Corp., over 15 years of assisting lawyers nationwide. Federal/State
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I cashed a check for 8000.00 for somone and was ...

Resolved Question:

I cashed a check for 8000.00 for somone and was unaware they had post dated it for one month later. They told me i could cash it the next day. I new this person and had no reason to not believe them.I have three witnesses,they have took off on me and the check is insuffiecent. Can i prosicute them. I live in Chattanooga TN. Can I take out a warrant for them
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Moe Manser replied 9 years ago.
Dear Randy,

You will be held responsible by your bank to cover the funds, since it's your account. If you believe that your were intentionally scammed and the witnesses had some sort of participation in the scam, you can file charges against the individual who gave you the check and the witnesses. First you would need to file a police report and include the names of the all who you believe are involved in the scam. If the Police, based on their investigation have probable cause to believe the other individuals are involved, they can also be charged.

Good Luck!!

Moe Manser and 5 other Criminal Law Specialists are ready to help you
Customer: replied 9 years ago.
Reply to Moe Manser's Post: I do not accept, you did not anwser my question,the check was not mine, i just cashed it ,the witnesses are mine proving the person said i could cash the check the next day.I want to know if i can take out a warrant even though it was post dated.I did not know it was post dated untill i went to cash it the next day.Again,can i take out a warrant for this person even though they post dated it,but said it could be cashed the next day in front of witnesses.
Expert:  Moe Manser replied 9 years ago.
Dear RandyGabehart,

If the perpetrator asks the victim to hold the check for a few days before depositing it, and the victim agrees, the case is no longer a criminal matter. This amounts to the perpetrator saying , "This check is NOT as good as cash today. I plan to make it good, and you will be paid for your merchandise in the future." THAT is a debt, a civil case. The same applies if the perpetrator gives and the victim accepts a post-dated check. The legal significance of post-dating is that the check is not expected to be good until the date on the check. If the check bounces it is equivalent to the perpetrator not honoring an IOU.

So it becomes a matter of intent here, Was his intent to deceive you by giving you a post dated check, and at the same time telling you it's ok to cash it. Obviously you having witnesses who heard him say it's ok to cash it tomorrow might help you in persuading a prosecutor that criminal intent was intended by this individual and he/she might file charges, but again it's not 100% guarantee that the prosecutor will go for it.

Good Luck!!