Buffalo, NY asked in Criminal Law, Identity Theft and Small Claims for New York

Q: What is the best way to go about check fraud?

My ex-boyfriend took 5 checks from me and wrote them out to himself. Signed my name and everything. The total loss was $3095. I have made a claim with my bank, what is the best course of action to hold him responsible and get my money back?

3 Lawyer Answers

Aubrey Claudius Galloway

Answered
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: Our firm routinely handles these small claims cases for a flat rate of $725.

I’m NY, small claims court has subject matter jurisdiction over amounts in dispute between $0 and $5000; civil court between $5000 and $25,000, and supreme court in New York entertains cases where the amounts sort by plaintiff and our defendant and counterclaims exceeds $25,000.

For a debt of around $3000 search is this one I would recommend hiring an attorney and bringing in action in small claims court. Generally, unless we are in the Bronx or Manhattan, I can go to trial the first or second time on and furthermore most city courts provide a statutory reimbursement of attorneys fees if your action is successful… It’s generally about $360 so it doesn’t cover all of it but it covers most of our flat rate at least.

I am very busy but if you would like to discuss this I am available for a free phone consultation anytime this evening until about 2 AM and then after 3:30 PM tomorrow as I have a deposition in the morning.

That said this appears to be a clear open and shut case and in all likelihood could be resolved by an inquest or worse comes to worse easily won at trial.

Again, if you would like to discuss the matter for a free consultation you may call me directly at 646–905-6268. I know that if you plan on taking action you should do so soon because the statute of limitations for intentional torts are shorter than those of negligence; generally one year to file an action.

Again please give me a call if you would like to discuss this free of charge. Furthermore this seems like the type of case or firm could easily resolved for you for the aforementioned flat rate of $720 whereupon victory you will receive at least half of that back along with the judgment for the 3000 and change… To collect the judgment we would just charge 10% of said judgment so it is clearly in your financial interest to hire an attorney with a reasonable rate and pursue this action. Again you may contact me at 646-905-6268 if you would like to discuss the matter or visit our website at a AG3law.com

Thanks

AG3

Gary Kollin

Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: Report him to law enforcement

Michael David Siegel

Answered
  • New York, NY
  • Licensed in New York

A: Sue him. The bank may not refund it, as you did not keep your checks safe.

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