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is changing a check date fraud?

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enson

Junior Member
What is the name of your state (only U.S. law)?
massachusetts

on sept 9 2006 i wrote a check for half of the repairs done to my car the other half was paid in cash and credit cards my car had been in the shop for over 2 years and after i got it back the exact problem re occured and the car was dead again i did not want to deal with the same mechanic so we came to a verbal agreement that he would not cash the check and wed both just go our seperate ways my bank has a policy not to cash a check over 6 months old i woke up this morning and checked my bank to find out surprise 2 years and 5 months later he cashed the check the one thing he did do (not me) he changed the year on the check from 2006 to 2008 so that as of that date it had been to the bank less than six months is that considered fraud or forgery for someone else to change a date on a check you wrote?

please help any information would be greatly appreciated
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
massachusetts

on sept 9 2006 i wrote a check for half of the repairs done to my car the other half was paid in cash and credit cards my car had been in the shop for over 2 years and after i got it back the exact problem re occured and the car was dead again i did not want to deal with the same mechanic so we came to a verbal agreement that he would not cash the check and wed both just go our seperate ways my bank has a policy not to cash a check over 6 months old i woke up this morning and checked my bank to find out surprise 2 years and 5 months later he cashed the check the one thing he did do (not me) he changed the year on the check from 2006 to 2008 so that as of that date it had been to the bank less than six months is that considered fraud or forgery for someone else to change a date on a check you wrote?

please help any information would be greatly appreciated
1) How would you prove that the date was changed?
2) How would you prove that HE changed the date?
3) Why didn't you just get the check back?
 

enson

Junior Member
re change

you can clearly see the date was changed and i also have the origional reciept dated 9/9/06 showing the check number and the amount and he personally went in and cashed the check at my local branch i already have a photocopy of the check for the police department showing the change made

my bank had told me to bring in the police report when it was done but had stated that by him changing the date it was forgery im just trying to find out if i have a leg to stand on also the number on the check coincides back to checks written in 2006 not even close to being in any sequential order since then

as for not getting the check back you know how sometimes you just done even want to speak or see someone again for the stress oh and my stupidity
 
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JETX

Senior Member
is that considered fraud or forgery for someone else to change a date on a check you wrote?
It is fraud (altering a document). Take your records in to your bank and politely 'demand' that they return the funds to your account. If they challenge, be sure to show them the check number sequence of the checks they have processed since then... and that they should have known the check was altered.
Let the bank pursue the check against him.

Oh, and be SURE to keep originals (or copies) of ALL documents.

If the bank doesn't refund... your only other recourse would be to sue the mechanic and show the alteration in court.

Massachusetts General Law:
CHAPTER 267. FORGERY AND CRIMES AGAINST THE CURRENCY

Chapter 267: Section 1. False or forged records, certificates, returns, attestations and other writings
Whoever, with intent to injure or defraud, falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of a clerk or register of a court, public register, notary public, justice of the peace, town clerk or any other public officer, in relation to a matter wherein such certificate, return or attestation may be received as legal proof; or a charter, deed, will, testament, bond or writing obligatory, power of attorney, policy of insurance, bill of lading, bill of exchange or promissory note; or an order, acquittance or discharge for money or other property or a credit card or an instrument described as a United States Dollar Traveller’s Check or Cheque, purchased from a bank or other financially responsible institution, the purpose of which is a source of ready money on cashing the instrument without identification other than the signature of the purchaser; or an acceptance of a bill of exchange, or an endorsement or assignment of a bill of exchange or promissory note for the payment of money; or an accountable receipt for money, goods or other property; or a stock certificate, or any evidence or muniment of title to property; or a certificate of title, duplicate certificate of title, certificate issued in place of a duplicate certificate, the registration book, entry book, or any indexes provided for by chapter one hundred and eighty-five, or the docket of the recorder; shall be punished by imprisonment in the state prison for not more than ten years or in jail for not more than two years.
 
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enson

Junior Member
thank you

thank you for your input if he had just deposited the check without changing the date i would have really had no recourse if he had felt he was actually owed the moneys i feel he should have taken me to court for it
but since he did change the date and cash it some 2 and a half years later im being told he has committed bank fraud and the local police are going to put a criminal complaint on him for forgery and the bank will pursue at a higher level unfortunately they havent been able to answer when i can actually get my mony back i have to bring in a copy of the police report then fill out an affidavid with the bank for their security department

yay for technicalitys
 

JETX

Senior Member
thank you for your input if he had just deposited the check without changing the date i would have really had no recourse
FYI - that is not true. If he had presented the check with the original unaltered date (2 1/2 years old), the bank SHOULD have refused it per the UCC. UCC says that a check or draft is only valid for 180 days unless a shorter time is noted on it.
Simply, the original check would no longer be valid.

If the bank had paid it (with the original check) you could have again requested their crediting your account as it would be their failure in 'honoring' an invalid check.
 

enson

Junior Member
wow thanks again

thats very good to know because the bank had said it was their policy not to cash a check over 6 months old but it wasnt the law
 

enson

Junior Member
Oh one last thing

this was a personal check written not a business check does that make any difference?
 

Antigone*

Senior Member
this was a personal check written not a business check does that make any difference?
File a police report and insist on filing a check fraud claim with your bank. What this person did was fraudulent.

That check however, if presented (without being altered) for payment through a deposit could have been legally paid. UCC 4-404 is the section in the UCC that addresses stale-dated checks. The current version of the UCC allows a bank to pay or return the item at the bank's election.

Our bank policy will only honor a client's request to return a stale-dated check if the request is made by noon of the next business day after the check is paid.

If this idiot would have just deposited the check into his account, he would never have had a problem and you would have had no recourse. Since he decided to play dirty with you, now he may be the one under the gun.

I do have to mention that since the check may have paid against the other account, the bank may give you some grief about the late return.
 

JETX

Senior Member
thats very good to know because the bank had said it was their policy not to cash a check over 6 months old but it wasnt the law
From the UCC (Uniform Commercial Code):
§ 4-404. BANK NOT OBLIGED TO PAY CHECK MORE THAN SIX MONTHS OLD.
A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.


Here is some more that might help you with the bank... from the UCC (Uniform Commercial Code):
§ 3-417. PRESENTMENT WARRANTIES.

(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that:

(1) the warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;

(2) the draft has not been altered;

(3) the warrantor has no knowledge that the signature of the drawer of the draft is unauthorized;

(4) with respect to any remotely-created consumer item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.

(b) A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection.

(c) If a drawee asserts a claim for breach of warranty under subsection (a) based on an unauthorized indorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the indorsement is effective under Section 3-404 or 3-405 or the drawer is precluded under Section 3-406 or 4-406 from asserting against the drawee the unauthorized indorsement or alteration.
 

Antigone*

Senior Member
JetX...the bolded seals this one for the OP.

OP, if the first-line bank rep gives you any grief...use what JetX posted.
 

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