I had an agreement with someone to pay me. They wrote me a check. I took the check to her bank.?
Her bank cashed the check. The next day, the mound calls ME at work to tell me there be a stop payment on the check and they cashed it in error. The teller be crying and telling me that she might loose her job...basically trying to make a contribution me a guilt trip...I contacted my bank, my bank manager told me to ring up the person who wrote me the check and tell her that she was going to be responsible. I contacted the edge that cashed the check and told them that I had informed her of that...but then they called me again the subsequent day wanting the money back...they had talk to the issuer of the check and she won't "help them out." I'm sorry but this is the only way that I will get hold of my money from this woman! I thought this was what banks had insurance for? What are the decriminalized implications of this?
The bank is surrounded by error.Let them get the money from her because she is the account holder.They can't go after you for their mistake.Don't fall over for the guilt trip either--they make money by letting you withdraw money from atm's.She doesn't sound similar to too much of a friend either. So you paid the cheque in at HER edge, into YOUR account? and they cashed it, and shouldnt have? tough sh*t to them I'm afraid. they cant retract the cash once it have been sent to you. its their error, they have to deal beside it. spend the money quick and monitor your account. the bank will own to take the matter up with the being issuing the cheque, afterall, it is her money that shouldnt have been paid to you. hope i haven't get the wrong end of the stick, as the information is quite confusing!
I would think it would depend on what the clearing was for.
If the lady was writing you a check to settle for a bag of weed.. you're out of luck there.
if the woman owed you the money, gave you a check and then stopped transfer of funds on it. Then you cashed it then its your money, they should go after her for the money not you.
Let the bank persue the woman who issued the check. You hold no legal responsibility to the bank. The woman who wrote the check is the responsible party to the sandbank.
If the bank manager has partially a brain, that person will note the date of issue on the check. Then check the womans account match on the date of issue for sufficient funds and the date you remitted the check to determine if she ever had the funds in the first place. Also note from her running monthly stability, what day's her regular deposits (if any), take place on. Then, compare it to internal records of when notification to stop payment be received. It won't be very difficult to support an intent to defraud (writing hot checks), if push comes to shove.
If the bank can establish she hadn't the money, or overdraft protection when she wrote the check, they can nail her for cost fee's and there isn't a thing she can do about it except take-home pay the bank.
Call your "friend" and tell her she's screwed. And, if she wants to try and flip the undamaged situation back on you, tell her you'll be more than happy to run down to the P.D. or S.O. and file a formal fraud complaint. Then she can deal with the D.A. for intentionally writing hot checks.
