Fraud, Embezzlement, Bad Checks Can criminal charges be brought for cashing a check that was replaced?

[bigMommaD]

I had written a check to an individual who reported it as lost. I put a stop payment on the check and issued a new one, which was cashed. I did not realize that a stop payment expired after 6 months, but obviously the recipient did as they went ahead and cashed the original check.

Can I bring criminal charges against this person who stole money from me? I consider it theft and fraud. I have filed a police report and the department is looking at case law. They;'re not currently sure if there is a case or not as I did write the check to this indivdual. I consider it fraud as they lied about losing the check, and theft as they cashed it knowing that that money was no longer owed to them.

Can anyone advise?

 

[army judge]

Your problem will be proving that the person negotiating both checks KNEW that they were not to negotiate the original check.

Your other recourse might be against the bank.

What is your bank's stale date policy in checks? Ask a bank officer or manager tomorrow in person. Don't rely on some customer disservice person on another continent, barely fluent in English to answer that question. It might be posted on the bank's website, so you can search there.


These websites offer some explanation on stale dated checks. Some banks won't honor cheks Oder than six months. But, the UCC has no policy on stale dates. Absent a bank policy to the contrary, this might not help. But, acquaint yourself with the term, as it could be helpful in making your argument that the bank is liable, or partially liable for paying the check.


This has come up many times before. In fact, here is a case directly on point. If you have a good relationship with your local bank branch, they'll sometimes assist you.

http://www.bankersonline.com/articles/bhv15n05/bhv15n5a21.html

http://www.bankersonline.com/articles/bhv14n12/bhv14n12a22.html