Need Advice

[BTEddy]

What is the name of your state?

South Carolina

My exboyfriend gave me three checks (one for $750.00, one for $1,300.00, and one for $2,500.00) to pay me back for putting several thousands of my dollars into fixing his mother's house to fix it. His mother's house had holes in the floor in the kitchen and it had no running water, etc. We moved here to care for the home, repairing it and doing general upkeep to keep its value. His mother was living elsewhere at the time with her daughter until she had two strokes two-and-a-half years ago and we have been caring for my bf's mother since she got out of the hospital after her strokes and have been her primary caretakers (w/o compensation, I might add) ever since.

Anyway, needless to say, there has been a lot of stress -- not just from the stroke victim, but other family members -- and my bf and I decided to split up. I am in the midst of finding another place to stay and the money he gave me was to help pay for an apartment. Well, all three checks turned out to be bad checks and now he is claiming (LYING) that he never wrote the checks and is threatening to press charges against me with fraud and theft. One of the checks he wrote from his brother's checking account. I deposited all three checks into my checking account in good faith. My bank and my bf's brother's bank discovered that the checks were all bogus and started taking action before I knew what was going on. They contacted my bf's brother whose account would have been overdrawn, as he was not aware of what was going on, and there was a fraud watch placed on his account (he is out of no money thank goodness). My bf's checking acct was closed and the checks he gave me were no good. Now, my bf, to get even with me, is telling the bank that the checks were stolen by me and he did not authorize them at all. Of course, I am scared to death because I put all the checks in my checking account, there are surveillance tapes showing me making the deposits because I thought they were good. I've spent some of the money (not all of it), but stopped using the account as soon as I found out what was going on.

What do I need to do? Do I need an attorney? I am going to try to get this straightened out tomorrow, but not sure who to talk to... the bank? the police? an atty?

HELP!!!

DESPARATE!!!

 

[BTEddy]

Should I have posted this question...

in a different thread? I am not sure how this forum works, as this is my first post here.

Thanks for any advice/assistance in this matter.

 

[Ohiogal]

Is there an open criminal investigation? Whose handwriting is on the checks? Do you have samples of your boyfriend's handwriting?

 

[BTEddy]

Thank you for your response.

I do not think there is an open investigation into my account yet. The bank is just now going thru my acct and adjusting the balance, etc. then I think that there will be an open investigation from what I understand.

My bf's handwriting is on the checks. Yes, I have samples of my bf's handwriting.

 

[BoredAtty]

If the checks were a simple repayment of money he owed you, then legally speaking, your bf is obligated to pay you the amount on the checks (even the amount from the brother's check). Therefore, you have reason to sue him.

With regard to forgery, there is a rebuttable presumption that the signatures on the checks are authentic. This means your bf can rebut the presumption by offering evidence that the signatures are not his. If he offers no such evidence, then they will be deemed authentic.

I wouldn't worry too much about the police, as it is not illegal to deposit checks that other people cause to bounce.

 

[lwpat]

Best thing to do is to contact the local magistrate. They can help you with the bad checks. Best to be proactive

 

[outonbail]

Did your boyfriend fill out the entire check, including your name as the payee or did he leave it blank and tell you to write your name or were they possibly made out to cash?
Were any of these checks written to you on the same day or were the two checks from your boy friends account back to back in sequential order, in other words one number apart. Was his account closed prior to, or subsequent to these checks being issued?

Do you know if the brothers check was signed by the brother or did your boyfriend fill out and sign that check without his brothers knowledge as well? How would your boyfriend have access to his brothers check book?
Did your boyfriend leave his checkbook where you had the opportunity to take checks without his knowledge? What about the brothers checkbook?
Did you ever in the past, fill out your brothers checks and/or sign his name with his permission or at his request?

If these checks were not all handed to you on the same day, how much time passed between receiving them and how long after you broke up? Were you still living in the home when they were written?

Do either you or your boyfriend have any history of issuing bad checks?
Can you prove the funds you are claiming to have "loaned" your boyfriend were removed from your account and how much time has transpired since you made these loans?

I'm asking all these questions because this story sounds a little fishy. It just doesn't sound right that your boyfriend was planning all along, to give you bad checks, just so he could say you stole them without his knowledge. If it was a really ugly break up, I would think that he might just tell you that he considered the money a "gift", or your contribution for groceries, rent, utilities etc. But to fill out three different checks, on three different dates, one from an account belonging to his brother, with the knowledge that these checks would bounce, is really stupid. It exposes him to legal troubles and if nothing else, these checks can be used as an acknowledgment that he actually does owe you the money you claim to have loaned him.
If you were still living in the same home or had access to the home when these checks were written, it also doesn't make sense that he would be kind enough to allow you to remain in the home, yet carry out this plan to make you into a thief. This may not be the case but the way I read the following, it sounds like you may have still resided in his mothers home.

I am in the midst of finding another place to stay and the money he gave me was to help pay for an apartment.

Also, with his mother being sick and the family problems you've posted, I would think he has enough on his plate without having to be drug into court to defend his position concerning these checks.

Also, your entire first paragraph reads like you are justifying the fact that you deserve this money which you now claim to have loaned your boyfriend because it has increased the value of the home.

Now I may be wrong about the way I'm receiving what you've posted and if so I apologize, but the way you are presenting what transpired isn't easy for me to swallow.

So provide the answers to my questions and we'll see if we can't cut through to the chase. If you did by any chance take these checks without your boyfriends knowledge, as it may have been the only way you thought you would get your money back and be able to move out of the home, you should post this fact, so we can advise you on how you should handle that situation as well.

 

[BTEddy]

Also, your entire first paragraph reads like you are justifying the fact that you deserve this money which you now claim to have loaned your boyfriend because it has increased the value of the home.

Now I may be wrong about the way I'm receiving what you've posted and if so I apologize, but the way you are presenting what transpired isn't easy for me to swallow.

So provide the answers to my questions and we'll see if we can't cut through to the chase. If you did by any chance take these checks without your boyfriends knowledge, as it may have been the only way you thought you would get your money back and be able to move out of the home, you should post this fact, so we can advise you on how you should handle that situation as well.

Outonbail, your quote is correct. I did feel that he owed me and still feel that way. I kept my bf up for five years, the last two of which we lived in his mother's house, took care of her after her stroke and I had major repairs done to that house. I was the only one that worked and I did pay the majority of the bills there.

Also, I paid ALL of the bills the three years prior while we lived in my house (he stayed with me there as well). he did not work at that time either. I just feel like I've been had by these people, but I know I am the one who is in trouble.

I did finally move out of the house. I'm worried about what I'm going to do if I face jail time because I am a single mother. I regret what I did. I just do not know what to do.