Legal Question in Consumer Law in Alabama

Forged Check Accepted by a Business

I just received a letter from the city District Attorney that I have a warrant for my arrest for a worthless check. The check was stolen and written in January of this year - I did not know until receipt of the letter. I did not write the check. I am just now finding out about it - 5 months later. The business did not verify identification when the check was written. Unless this is cleared, I will be arrested, lose my job, etc. Do I have recourse against the company who accepted the check? I consider this negligence on their part and defamation of my character which could have far reaching and very detrimental effects for a long time. There should be a law requiring identification and perhaps a few lawsuits might help it along and certainly help citizens who have this happen to them.


Asked on 5/08/09, 3:29 pm

2 Answers from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Forged Check Accepted by a Business

I think you might have recourse if they accepted the check without checking ID on the person who wrote it. What business accepts checks without confirming ID? I would be glad to discuss this with you; however, you will first need some representation for the criminal action because if you don't win the criminal case, you will not have a civil case. You may e-mail me with any questions at [email protected].

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Answered on 5/08/09, 3:36 pm
William Pfeifer Pfeifer LLC

Re: Forged Check Accepted by a Business

You need to contact your bank about the check and sign a forgery affidavit. The bank may tell you that you had to do this within 30 days after the check was written, but push to sign a forgery affidavit challenging the validity of the check anyway.

The business was supposed to send you a notice about the bad check prior to a warrant being issued for your arrest. The notice would have been sent to the address listed on the check. Whether or not you were sent this notice may be an important issue in your case.

You need to retain the services of an experienced criminal defense attorney to get you out of these charges. If you would like to consult with our office about this matter, please feel free to call or send us an email.

Good luck to you.

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Answered on 5/08/09, 3:50 pm


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