Legal Question in Credit and Debt Law in Texas

cashed wrong check

I was given someone elses check with the same name as myself at one of those rapid refund places. I showed my license and signed w/my ss#. The next day I was informed that I illegally took this other persons check, and they where going to file a theft by check. I had already paid my mortgage, so I do not have the funds to repay. Is what they say true?


Asked on 2/02/09, 5:12 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: cashed wrong check

They might be able to file charges. Depends on who takes the call. If the police or sheriff can discern that the mistake was the rapid refund place, then I doubt they would pursue it. Sometimes, just depends on the mood they're in. Of course, if they come to arrest you, you would have a brief opportunity to explain the situation. You could go to the police and make a report on the situation and thereby pre-empt their efforts. Doesn't sound to me as if a crime has occurred. Depends on whether you could have, or should have, known that the check was not yours. Good Luck.

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Answered on 2/03/09, 10:03 am


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