Legal Question in Consumer Law in Maryland

Re: Question regarding Check Fraud

Your inquiry appears to indicate that closing your checking account was not done with the intent of defrauding your e-Bay seller. However, you still might be subject to a criminal prosecution, because criminal intent in a fraud case is often provable by circumstantial evidence.

This is a small case and it is unlikely that either e-Bay or your seller would actually press criminal charges. I would imagine she just wants to be paid for the item purchased, her bank charges, and expenses.

She does have a potential civil case against you. In some circumstances, you could be liable for triple damages for writing a bad check (in addition to actual expenses such as bank charges). Further, if you are deemed to have committed intentional civil fraud, you could theoretically be subject to punitive damages.

Your emphasis here should be on "damage control." You seem to be making a relatively minor situation much worse by challenging this woman's honesty and integrity. You are in no position to be questioning this woman, and the more you do, the more likely you will stimulate her to actually consider pressing criminal charges or filing a civil lawsuit against you. In either case, you may be faced with paying thousands in legal fees for your criminal and/or civil defense.

If you are charged with a crime or named as a defendant in a civil lawsuit, this can have a devestating affect on your credit record (among other consequences). You want to avoid this at all costs.

Assuming that you owe this woman $10.24 for the purchase, and she has told you she has incurred $70.00 for bank fees, by far the smartest thing you can do is to immediately send her, by money order--her preferred method of payment--the full amount of $80.24. (This assumes she has not told you she expects anything more from you.) A brief letter should accompany the money order indicating that the payment is made in "full and final satisfaction of all claims" that the woman may have against you.

You should make a photocopy of your money order for your records.

Under these circumstances, I would also strongly recommend that you send the payment overnight, i.e. by Fed Ex. She will receive it quickly, and you will be able to track and confirm the shipment. This will cost you some more money, but you need to get this RESOLVED as soon as possible.

Perhaps there are other facts that you have not related which would justify your reluctance to do whatever is necessary to satisfy this person's reasonable requests. In that event, please contact me to discuss the possibility of retaining my services:

[email protected]

973-605-8995

(By the way, I don't like to discourage business, but it will cost you far more to hire an attorney than to simply "do the right thing" and pay the woman!)