Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

If you have mental disability and unknowingly cash a check…

Customer Question
If you have mental disability...
If you have mental disability and unknowingly cash a check that turns out to be fraudulent are you responsible?
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
3/8/2016
Lawyer: Barrister, Attorney replied 2 years ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,998
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Has the person been declared mentally incompetent by a judge and had a guardian appointed?

.

Did the person deposit the check into a bank or actually cash it for someone and give them the money?

.

Was there just the one incident?

.

Are you referring to criminal liability or civil liability?

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 2 years ago
Hello, the person recieves SSDI for mental illness issues, no guardian appt. at this time. Person deposited in bank for themselves, and is supposed to do mystery shopping. Person found out later that this is a scam, but had already spent some money. Just this one time. Is person criminal liability?
Lawyer: Barrister, Attorney replied 2 years ago

Ok, if the person hasn't been declared legally incompetent, then they are presumed competent and are responsible for their own actions.

.

But as for criminal liability, that requires "intent" also known as "mens rea" or "guilty mind". So if the person was duped and had no idea the check was fraudulent, then it is very unlikely that the local District Attorney would charge them with a crime.

.

They would however still be responsible civilly for repaying the bank for any losses due to the fraudulent check.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 2 years ago
Not the answer person wanted.
Lawyer: Barrister, Attorney replied 2 years ago

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,998
42,998 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I am a freelance writer who recently wrote several articles
I am a freelance writer who recently wrote several articles for a client. They paid me $1200 and I had to cash it at one of those gas station check cashing places because I don't have another option d… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,898 satisfied customers
I received a cashiers check for $1900 and assumed it was a
I received a cashiers check for $1900 and assumed it was a pension check from Hilton Hotels. I cashed it at my bank two weeks ago. The check was returned by the bank as fake and my bank said I owed th… read more
Attorney & Counselor at Law
Attorney & Counselor at Law
Managing Partner
Doctoral Degree
865 satisfied customers
I unknowingly deposited a fraudulent check into my Bank of
I unknowingly deposited a fraudulent check into my Bank of America account. They closed the account and placed my name on some sort of black list amongst banks. I cannot get them to help me resolve th… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I live in md, what happens if I unknowingly cashed a fraudulent
I live in md, what happens if I unknowingly cashed a fraudulent check at a check cashing store… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,920 satisfied customers
I received a cashiers check in mail with instructions and I couldnt cash it at the b
I received a cashiers check in mail with instructions and I couldn't cash it at the bank cause I don't have one, so I went down to a local bar and cashed it there, but if it turns out to be phony,can … read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
Sir, I am on disability and have been for ten years.
Sir, I am on disability and have been for ten years. I make 1,234.00 per month. After food, rent, and utilities there is not much left. My friend has a time share property and has been forced to go on… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
Is my credit union responsible for telling me that an out of
Is my credit union responsible for telling me that an out of state cashier's check was "as good as cash"? I deposited one for $2,780.00 and withdrew $1,780 off that, because they told me there was no … read more
David L
David L
Doctoral Degree
1,604 satisfied customers
recently i unknowingly cashed a replacement payroll check that
recently i unknowingly cashed a replacement payroll check that has been turned in to the D.A. no charges have been filed as of yet but my question is if the store clerk did not use the telecheck syste… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My wife and I own a business. My wife wrote a paycheck to one
My wife and I own a business. My wife wrote a paycheck to one of our sales reps., and then some of the sales he made canceled. I put a stop payment on his check and wrote him a smaller one. He then ca… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,441 satisfied customers
I recieved a check for $4995.00 from supposedly winning $250,000.00
I recieved a check for $4995.00 from supposedly winning $250,000.00 in the March 7 De-lotto netherlands sweepstake. There is a phone number of 011-44-XXX-XXX-XXXX to call to find out what to do. They … read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
I was working for a on line co. which turned out to be fraudulent
I was working for a on line co. which turned out to be fraudulent co. They gave me money orders to cash and then send back cash. I always thought money orders and cert checks were good money.I took th… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
I am attempting to sell my car through Craigslist. I got an
I am attempting to sell my car through Craigslist. I got an immediate responses but am suspicious. The person is offering to send me a cashiers check for full amount (no questions asked) cannot pick t… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I cashed a check at my bank. It did not go thru thier machine
I cashed a check at my bank. It did not go thru thier machine which verifies the bank routing number. However, they did not tell me when I was standing there that the check was a problem. Just by look… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I was scammed this past December and unknowingly cashed a fraudulent
I was scammed this past December and unknowingly cashed a fraudulent check at Fifth Third Bank . After 4 or 5 days they sent me a letter telling me I would have to pay it back . So I went to them and … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,182 satisfied customers
i let someone i know sign a check over to me a cash it. i gave
i let someone i know sign a check over to me a cash it. i gave them the money and then it turned out to be a fraudulent check. my bank canceled my account and say i owe almost $4000. can i sue that pe… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I was unknowingly involved in a money order scam. I received
I was unknowingly involved in a money order scam. I received 3 money gram money orders from someone who told me about their comp. via email. They claim to have products outside of the US and cust. in … read more
Attorney & Counselor at Law
Attorney & Counselor at Law
Managing Partner
Doctoral Degree
865 satisfied customers
I was frauded and the bank cashed a check without its typical
I was frauded and the bank cashed a check without it's typical hold because I did not have the amount in my checking account. Now I am being sued for more than $7000.00. What can I do… read more
Curtis Staropoli, Esq
Curtis Staropoli, Esq
Principal and Managing Attorney
Juris Doctor
744 satisfied customers
i recently cashed check and the check came back fraudlent ...
i recently cashed check and the check came back fraudlent can i be held responsible in a court of law for the check even though i just cashed it not wrote it. i understand i oew the bank the money tha… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x