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i was living with a man. i cashed a check for $3000.00 from

a client of his that...
i was living with a man. i cashed a check for $3000.00 from a client of his that he was doing work for under the table. we have since split up and i have 2000.00 of the money i had given him 1000.00 of the money now he is claiming that i never gave him a cent of the money and his clients are threatening me with bank fraud and jail. what do i do.
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Answered in 3 minutes by:
10/31/2013
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
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Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard.

Please tell me

1 - why did cash the check?

2 - did you sign the man's name to cash the check?

3 - what are the clients requesting in exchange for not filing charges?
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Customer reply replied 4 years ago

1)check from his client was made out to me in my name. 2) no check was made out to me, the person i was living with has no identification 3) clients are threatening me with bank fraud they want repayment in full but like i said 1000.00 was given to him, he is denying that i gave him any money.

Hello

If the check was made payable to you, then you did not commit any fraud in the cashing of the check.

I am baffled as to why the client are saying YOU committed fraud, when their beef is with the man.

If the man takes you to court, he has to prove that you did not pay him. The burden is not on you to prove that you did - it comes down to your word against his


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.

Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
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Customer reply replied 4 years ago

the client sent me a text message saying they will be filing papersfor fraudulent misrepresentation on behalf of her parents. she saying she filed thepapers under federal law for "micsconception of fact". she has told me they are going to arrest me tomorrow, she sent that message to me via text message, also my ex. is sending me text threatening me with jail.

Customer reply replied 4 years ago

did you get the last message i sent you?

Hello

Yes. Thanks for your patience while I review something here.
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Hello

Was the money paid for something that was not factual? Was it a contract of some sort?
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Customer reply replied 4 years ago

i did not have contract with the people but my ex was doing home improvement work for the people that wrote the check. he was doing work under the table for the people. i do not know if he had a contract with the people. my question is they are asking me to pay back the entire sum which i do not have because i gave my ex 1000.00.


 

Customer reply replied 4 years ago

did you get my last message sam?

Hello

I apologize for this delay. Sometimes, it comes through not at all until you send another.

I suggest there is no reason to return the money to them. If they want it back, they need to go after your ex. And your ex can go after you.
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Customer reply replied 4 years ago

now the customer is saying they cancelled the contract with my. ex. and they are telling me that when i cashed the check for the job then i assumed the contract. they want the money or the work completed. i guess some of the money was needed for materials to finish the job..


 


 

Hello

Well, then you now have a problem.

If he never did the job and you took the money and the check was made payable to you, then you have taken the contract.

I suggest that you can give them the $2000 and tell them that is all you have. Of course, get a receipt for that money. Tell them you gave a $1000 to the ex and that you will have to sue him to get it because he is saying that is not true.

The worst case scenario is they sue you for the $1000.
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Customer reply replied 4 years ago

how does the court know what this check was for.

Hello

Because he can get a copy of the check from his bank showing it payable to you with your endorsement on the back.
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Customer reply replied 4 years ago

is this considered bank fraud?


 

Customer reply replied 4 years ago

did you get my last message?

Hello

No. It is considered a Breach of Contract. If you knowingly took the money knowing that the work was not completed then it is theft.

Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
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Sam and 87 other Legal Specialists are ready to help you
Ask your own question now
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Sam
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