Legal Question in Banking Law in California

I recently went to a bank to cash a check for 41 dollars, and was returned (by the teller) 4100. It's been a month now and I received a phone call from the banks special investigations, saying if they don't here back from me they will turn the information over to the police department.

I called them back and left a message saying, this is the banks error, and this is now my debt, I don't have the money anymore, and I don't have an income, so I suggest it be settled in small claims court. Is this possible?, or is there any possible way of avoiding jail? I need some comfort, because I'm a nervous wreck.


Asked on 5/30/11, 8:04 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You disregarded the advice of another LawGuru attorney who told you to offer to repay the money. Stonewalling them as you did was your choice, but you didn't help yourself by flapping your gums to the bank investigator.

Do not speak to anyone especially the police. If you speak even one word to the police you will be beyond help.

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Answered on 5/30/11, 8:30 pm

Stop posting the same question over and over. The answer will not change. You spent money you knew was given to you by mistake. That is theft. You committed a felony. It is not a small claims matter, it is a criminal matter. They are offering not to prosecute if you pay them back. Whether you can and will do that or not is not a legal question. If you do not, however, you will be prosecuted for your crime. Simple as that. There is no law or legal option for changing that.

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Answered on 5/31/11, 12:37 pm


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