Legal Question in Banking Law in Connecticut
Someone misused one of my checks.
I gave a presigned check to one of my assistants so that he could ''pay himself'' for some work he did for me. He made the check out for way more than I ever would have agreed to (about 6k dollars). I didnt notice until about 45 days after the check was cashed. He says he was owed that money for the work he did and refuses to give it back. Do I have any recourse at all? Should I turn him into the police? He also has a statement in writing from me that ''He has paid me in full for any money he owes me'' but I signed that a few hours before discovering the 6K dollar check that was cashed. What can I do!
2 Answers from Attorneys
Re: Someone misused one of my checks.
I suggest at this point in time you need legal counsel. You probably can call the police, but they may take the position it is a civil matter. I am bothered by the receipt issue. That may create a reasonable doubt for the criminal prosecution. Get photo copies of all payments made to you that was the basis of the receipt. However, I strongly suggest that the matter is too complex for you to handle without legal counsel.
Gerald Hershenson 215-589-930
Re: Someone misused one of my checks.
The answer to your question is that you have recourse against the assistant to the extent he received money to which he was not entitled. You have no recourse against the bank -- it merely paid a negotiable instrument according to its tenor.
In order to get paid, you will probably have to sue your assistant. To succeed, you will have to be able to document what he has been paid and what he was actually owed. If you do not have documents to support your position, the case will turn on the credibility of the witnesses.
The police will have no interest in this case, because you voluntarily gave the man a signed check and he claims it is for services rendered.
Good luck.
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