Toms River, NJ asked in Banking for New Jersey

Q: am i legally required to pay back an overdrawn bank account

i deposited a check into my bank account it cleared so i started spending the money, i then got a call from my bank a few days later saying

the check had been flagged as fradulent and my bank account is overdrawn $4500.

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1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Business Law Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: Yes, you are legally obligated to repay the check. I personally make it a practice if I have any doubts about the person or the check to call the issuing bank. They can tell you if it is safe to deposit the check in your account. The police in your town will probably allow you to file bad check charges, but don't expect them to aggressively seek out this person unless he or she is known to them for this. Good luck.

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