If I sold my car last week and was paid $11,ooo that day the same day but was just sent another check today for the same amount, can I get in legal trouble for cashing the second check?

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If I sold my car last week and was paid $11,ooo that day the same day but was just sent another check today for the same amount, can I get in legal trouble for cashing the second check?

Asked on May 26, 2017 under Criminal Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, if you cash the second check knowing (as you evidently do) that you are not entitled to it, you will be committing theft and could be criminally prosecuted: it doesn't matter if the other side made an error in sending you the money again, the fact that *you* know that you were already paid means that you know you have no entitlement to the funds--i.e. that you will have committed theft.
You could also be sued for the money's return.


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