Legal Question in Credit and Debt Law in North Carolina
about 2 years ago i deposited a check. i thought it was a tax return because the check had a tax company name on it. or so i thought. i am no check expert. i wouldnt kno the difference between a fake one and real one. but i deposited it. they held the check and days later it cleared. i withdrew my money. a day later the exact amount of the check was deducted from my account. i found out it was a fake check. ..... i am filing for bankruptcy this year due to a lot of debt accured over the years i am going to start over and use my finances correctly. is the check situation going to come up during my hearing for bankruptcy..? i havnt been arrested or anything for the check thing. i have been told i will just be put in chex system for 7 years. and have trouble getting bank account.....i am stressing cuz i have never commited a crime in my life. and nevr intend on defrauding someone.the check was about 2000 dollars. the check was deposited in 2009 and in washington state. i am now living in north carolina though. and im filing bankcruptsy here. no not because the check but because i have a lot of debt due to marraige and devorce.someone pleasegive me some good news. i have been told i am ok and will just need to include this debt in my bankruptsy.
1 Answer from Attorneys
If you deposited a fake check and took out the money, then you ought to reimburse the bank. If you havfe not done so, then you should list the debt in your bankruptcy petition. Talk to your bankruptcy attorney. If you leave a debt out then it is not discharged and you do not want the bank demanding money from you, no matter how remote the possibility is.
If you are not in trouble by now, then you probably are not going to get in trouble (I have heard of Bank of America charging people with felonies however). The banks have a lot of problems proving this was criminal rather than being some part of a scheme to defraud the bank.
Next time, get somebody else to look at these things. However, a rule of thumb is that if you get a check unexpectedly, check it out thoroughly. You can tell real government checks from fake ones if you look hard enough.
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