Legal Question in Criminal Law in California

cashing checks

my ex has allowed me to cash his personal checks for 7 months now.can he file fraud on me since he has allowed this for that long?


Asked on 11/30/08, 9:52 am

2 Answers from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: cashing checks

Only the DA determines whether to file criminal charges. Your ex would have to call the police, file a report, and then the police would turn that over to an investigator for further review.

Your ex could try to sue you in civil court for money, but if you can prove he has given you permission to access the money in the first place, his case will likely be very weak. If the amount is less than $7,500, then it will be a small claims action which means no attorneys; you will each represent yourselves.

Best of Luck!

www.NotGuiltyInCA.com

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Answered on 11/30/08, 1:16 pm
Brian McGinity McGinity Law Office

Re: cashing checks

Your question really does not offer enough facts to properly answer it. However, if you are talking about checks which were sent to him and made out to him so that they were payable to him and you deposited them into your account did he endorse them over to you? If not was the bank allowing you to endorse them and then place them into your account? There are a lot of questions and facts which need to be asked and answered in order to determine if any crimes may or may not be involved. I would suggest you contact a local attorney and consult with them for about a half hour. They will probably be able to supply you with some practical answers rather than someone answering your questions with only partial information. If you do not know any attorneys then contact either the local county bar association and ask for a referral or go to the self help center at the county courthouse and see if anyone there may be able to offer you assistance. Good luck

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Answered on 11/30/08, 8:26 pm


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