Q: My cousin wrote a check from my account. Now the bank wants me to sign a paper stating fraud. What IF I don’t sign???
Here is the issue, he paid it back. So if I don’t sign will the bank take over and charge him.
A: You will be liable for the payment of funds out of your account in the amount of the check, and for any overdraft and return item fees if there were insufficient funds in the account to cover the check. If you are claiming your brother stole your check or forged your name or otherwise stole or defrauded you out of your money in your account, then you need to report the matter as criminal theft or fraud. Otherwise, you are accepting responsibility for the check and the missing funds.
Matthew J. Bronson agrees with this answer
1 user found this answer helpful
A: If you refuse to sign and are seeking reimbursement from the bank for the check written by your cousin, you can expect the bank to refuse to compensate you. If you sign a statement that it was fraud, your cousin could be charged with a crime.
Matthew J. Bronson and Eric Todd Kirk agree with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.