Legal Question in Consumer Law in Washington

Check fraud / consumer law

I recently had my vehicle repaired. The final bill was $2750.

My estranged wife agreed to pay the repair bill in repayment for money she owed me. She wrote a check from her personal account direct to the shop for the full amount. The repair shop gave me a ''paid in full'' receipt. The check did not clear and I have come to find that she closed that account.

The shop is coming after me as it is my name and contact info on the invoice. They have threatened legal action including check fraud charges. I do not currently have the funds to pay the bill.

Question: Can I be charged with check fraud for a check that is not my account and I did not sign.?

Question: Is this type of debt viewed the same as say credit card debt - IE. collections and eventual wage garnishment..or are there other legal repurcussions.?

Question: Is the check she wrote a binding agreement to pay that debt.?

Question: Does the ''paid in full'' receipt they gave me give me any additional legal options?


Asked on 3/14/07, 11:50 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Check fraud / consumer law

You cannot be charged with check fraud for a check you did not write on an account you don't control.

But a third party creditor cannot be prevented from recovering funds they are due because you and your ex are having a difference of opinion regarding who is paying a debt.

If you are divorced, there is a decree and it will probably have a hold harmless clause. Agreements between you and your spouse regarding payment of bills are enforceable.

That means you can take your spouse back to court for redress.

Sorry this is such a mess; hope this helps. Elizabeth Powell

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Answered on 3/14/07, 12:14 pm


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