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.