What are my rights regarding my credit, etc. ifI a victim in a check fraud case?

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What are my rights regarding my credit, etc. ifI a victim in a check fraud case?

My ex wrote me out a check for $2,500 that he owed me. He cashed the check into my account and I ended up giving him the money back a few days later. About a week later the $2,500 was taken out of my account by the fraud department. He had stolen the check from his family and now my account is over negative $2,000. I have collection agencies calling me asking me to make a payments. The case is pending because he is not in to the state or something. He is in a half-way house in another state since he finished a rehab program. What is going to happen with my credit? And my account?

Asked on October 30, 2010 under Bankruptcy Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What will happen to your account  is up to the bank; what will happen to your credit is that if you cannot make good the amount owed, you will be in default and that will very likely be reported, leading to a lowered credit rating. Whether or not you are the victim does not change your obligation to repay the bank the amount owed because of the bad check. Your recourse is against him--you can sue him for the money he owes you, as well as potentially for other costs, fees, losses, damages, etc. you have thereby suffered. Of course, if he does not have funds or cannot be located, that does you little good. You can also, if have not already, contact law enforcement about him.

You may wish to see if you can't work out a payment schedule you could live with, with your bank.


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