Someone signed a check in my name. What rights do I have?
Full Question:
Someone gave me a check made out to cash for him. I cashed the check in my bank and gave him the money. My bank told me they could not find such an account and I had to pay back the money. I found out that he stole the check and signed the personal name to the check. What legal rights do I have?
05/17/2007 |
Category: Criminal ยป Fraud |
State: New Jersey |
#5072
Answer:
I suggest filing a complaint with the local police department. The following is a NJ statute:
2C:21-5 Bad checks.
2C:21-5. A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. of this section. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or money order (other than a post-dated check or order) would not be paid, if:
a.The issuer had no account with the drawee at the time the check or order was issued; or
b.Payment was refused by the drawee for lack of funds, or due to a closed account, after a deposit by the payee into a bank for collection or after presentation to the drawee within 46 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer's last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.
c.An offense under this section is:
(1)a crime of the second degree if the check or money order is $75,000.00 or more;
(2)a crime of the third degree if the check or money order is $1,000.00 or more but is less than $75,000.00;
(3)a crime of the fourth degree if the check or money order is $200.00 or more but is less than $1,000.00;
(4)a disorderly persons offense if the check or money order is less than $200.00.
L.1978, c.95; amended 1981, c.290, s.22; 2002, c.65, s.1.
