Can I be held for check fraud if there was never a check written but rather a scheduled EFT?

UPDATED: Feb 22, 2012

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Can I be held for check fraud if there was never a check written but rather a scheduled EFT?

I have a company calling me and my relatives saying that they are going to pursue check fraud on a loan I defaulted on.

Asked on February 22, 2012 under Criminal Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is illegal under the laws of all states in this country to threaten a criminal matter to gain leverage in a civil matter. However, if you improperly received money in an exchange fund transfer (EFT), you could be charged with fraud criminally, albeit not check fraud. Different states have different statutes defining improper acquisition of assets via fraud.

From what you have written, I suggest that you consult with a criminal defense attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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