Bank Cashed Canceled check

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zoso

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First off, thank you for reading my post.

I'm having an issue with an old employer. Somewhere within the 3 years that I worked for them, I had misplaced a payroll check, maybe two or three times (they didn't have direct deposit). I went to the office and they gave me a new check and canceled the original. At the time I was depositing my checks into my (now) ex-girlfriends bank account. After we broke up, and I was no longer working for my employer, I came across an un-cashed check. I didn't have any records of which checks I had cashed and I wasn't really in good standing with my ex or my previous employer so I took the next step and went into the bank and asked them if the check was good or void. I pointed out that it was about 6 mos old and that I had in the past gotten reissued a misplaced check. The teller looked up the check number and took all of the steps in cashing a check, and came to the conclusion that the check was good. As far as I know that check could have been easily overlooked by myself seeing as how I just used to sign over my checks to my ex. I have recently been contacted my a detective and he has told me that I either need to pay back my previous employer, or he is going to file a case against me, give it to the DA and put out a warrant. I still am not sure if the check that they are talking about was the one that I cashed. I cashed that check 7 mos ago and they are just now contacting me.

Am I at fault for the banks mistake even though I took the necessary check cashing steps? Is the bank at fault? Can the sheriff arrest me without proof that I cashed both checks?

Once again, thank you for your time and I hope someone can give me some great legal advise :)
 
I don't know if any of the criminal guys are going to see this, and your question is essentially criminal in nature. You might repost it in one of those forums if you don't get a good answer here.

My two cents: without knowing what you are accused of doing and on what grounds you are alleged to have misappropriated the money, you are under no obligation (and indeed would be foolish) to pay anything to the employer. Ask for details. Maybe you legitimately owe the money, maybe you don't.

As far as criminal charges go, and talking completely out of my ass here, I don't think there's anything serious that would stick. Fraud require intent, which must be specifically proven and is markedly not present here.
 
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