If Icashed a check at a check cashing store but the person that issued the check put a stop payment onit, canI be held criminally responsible?

Get Legal Help Today

 Secured with SHA-256 Encryption

If Icashed a check at a check cashing store but the person that issued the check put a stop payment onit, canI be held criminally responsible?

Asked on January 29, 2012 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You most likely would not be held criminal liable. Criminal liability is based on not just having committed a potentially criminal act, but also on having a criminal intent or state of mind (called "mens rea"). If you cashed the check with a reasonable good faith belief that it was valid, you did not do anything criminal. You will have to repay the money to the check-cashing store, of course, but will in turn potentially be able to sue the check's issuer.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption