Theft by deception?

[kc4993]

What is the name of your state (only U.S. law)? Georgia

if someone accepts a check from you, say for child support, then claims to have lost the check (or washed it in the laundry) so you replace said check with Cash; then find the check has actually been cashed (but did not clear due to lack of funds) ... CRIMINAL or just plain crappy??

If criminal, who do you call and report it too? Also, can I deduct fees from the over draft from future child support checks?

 

[Antigone*]

What is the name of your state (only U.S. law)? Georgia

if someone accepts a check from you, say for child support, then claims to have lost the check (or washed it in the laundry) so you replace said check with Cash; then find the check has actually been cashed (but did not clear due to lack of funds) ... CRIMINAL or just plain crappy??

If criminal, who do you call and report it too? Also, can I deduct fees from the over draft from future child support checks?

Not a crime - you should have placed a stop on the check.

 

[HighwayMan]

The person did not get paid because the check bounced, so they lied to the payer and told him they lost the check so the payer paid them cash?

So? Why wouldn't the person just tell the payer the check bounced? There has to be more to this that you're not telling.

What could possibly be criminal about this?

Who would you think committed the criminal act? The liar or the person who bounced the check?

Where's the theft? The person who was owed the money got paid - only once.

 

[Antigone*]

The person did not get paid because the check bounced, so they lied to the payer and told him they lost the check so the payer paid them cash?

So? Why wouldn't the person just tell the payer the check bounced? There has to be more to this that you're not telling.

What could possibly be criminal about this?

Who would you think committed the criminal act? The liar or the person who bounced the check?

Where's the theft? The person who was owed the money got paid - only once.

Col Mustard did it in the library with the candlestick

 

[HighwayMan]

Col Mustard did it in the library with the candlestick

Thanks! I was thinking the same thing!

 

[kc4993]

The original check was "lost" so the funds were withdrawn and given to her in cash, then she left a message that the check was actually deposited - and "what now". It is a trick she has done before, we just fell for it again. She needed the cash on sunday for groceries from my husbands children - I had no choice but to get her the cash. The check will not clear, as I took out the funds via my cash card, to give her the cash .... I think this is theft by deception on her part ... she cash my checked, lied, accepted cash, then leaves a message she lied and did deposit my check. Am I making sense?

 

[kc4993]

also, she is having her attorney file charges for the bad check, denying the cash, I don't have a receipt, but do have an 18 y/o step daughter who accepted the money and gave it to her mother .... I want her to pay the Overdraft fees associated with this also. But, I think this is theft by deception and want charges filed against her. The check would have cleared if I had not had to remove the cash for her yesterday.

 

[TigerD]

It is a trick she has done before ... Am I making sense?

Only a moron falls for the same con more than once.

DC

 

[InsaneJane]

Only a moron falls for the same con more than once.

DC

That's a very rude and uncalled for reply.

 

[Antigone*]

That's a very rude and uncalled for reply.

Not in the least.

 

[Zigner]

That's a very rude and uncalled for reply.

I think the words you are looking for are: Blunt yet accurate.

 

[HighwayMan]

As Mister Scott once said,

"there's an old saying back on Earth, Mr. Sulu... fool me once shame on you, fool me twice shame on me..."

 

[CdwJava]

also, she is having her attorney file charges for the bad check, denying the cash, I don't have a receipt, but do have an 18 y/o step daughter who accepted the money and gave it to her mother .... I want her to pay the Overdraft fees associated with this also. But, I think this is theft by deception and want charges filed against her. The check would have cleared if I had not had to remove the cash for her yesterday.

So, what did the police tell you about it when you reported this to them? Did they say it was criminal or civil?