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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1559
Experience:  BCom; LLB; Masters in Law
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I admitted to signing off invoices at work that I drafted

Customer Question

Hi. I admitted to signing off invoices at work that I drafted for services rendered . I admitted that the person I was giving the business too was a friend but there was no registered entity. I made that up. I have since resigned from the company. Can they charge me for fraud and if so what are the next steps. Court? Amount is just under R100 000. I signed an acknowledgement of debt to pay back funds.
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Because employment law varies from place to place, can you tell me what state this is in?
Customer: South Africa
JA: Has anything been filed or reported?
Customer: I had to write a report
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. I am just worried about having fraud charges on my name. First offence
Submitted: 11 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 11 months ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Look, there are two ways that things like this can be dealt in: (i) the company fires you and lays criminal charges against you for fraud, and most probably kisses goodbye to the money, or (ii) the company confronts you and asks you to sign an acknowledgment of debt in terms whereof you agree to repay the money.

Often it's one approach or the other.

I can't see that the company will report this to the police for fraud, UNLESS you stop making the repayments. So my legal advice to you is "continue making those repayments".

But there is always the chance that the company may report it to the police... you never know!

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,


Customer: replied 11 months ago.
I have signed an acknowledgement of debt. Does this affect my credit scoring in any way?
Customer: replied 11 months ago.
secondly, can you change the amount on the acknowledgment of debt once signed? The reason I ask this is that i signed for a higher amount but since doing my recon i have proof that the amount is incorrect.
Expert:  CaseLaw replied 11 months ago.

No, it won't affect your credit score at all. It's not technically a credit agreement, so nothing will be reported to the credit bureaus.

Yes you can change the amount, but it needs to be by agreement! If you can prove the lesser amount, then they must agree to change it.

Customer: replied 11 months ago.
if they agree not to take further action but just for me to pay, can they perhaps open a case like 5 years down the line? Should I always be worried?
Expert:  CaseLaw replied 11 months ago.

Your best bet is for there to be a clause in the acknowledgement of debt which says that you will agree to repay, and they will agree to not institute criminal charges against you! Then you're covered.

Expert:  CaseLaw replied 11 months ago.

If they have already agreed not to take further action, you'll probably find that the prosecutor will refuse to proceed with criminal proceedings because he would think that this is a civil dispute! So you've always got that on your side. I wouldn't worry too much if that was the agreement. But you never know!

Customer: replied 11 months ago.
Currently I am uncertain if they will take further action. Should only find that out next week but I did sign the acknowledgment of debt in the interim. I need to include the clause you mentioned though. Thank you for all your help. I appreciate it. Did not know who to turn too. Good night
Expert:  CaseLaw replied 11 months ago.

Hi there again,

If you're happy that I've answered your question, please leave positive feedback for me.

Regards, CaseLaw