what lawyer would i need for someone changing my check amount

If you are being sued for altering a check, or you believe your bank has processed a check that has been clearly and wrongfully altered you should contact a financial lawyer immediately. Both have serious consequences on the criminal and civil sides of the law. Share Tweet Share

Full Answer

Can a bank claim not to know of an altered check?

May 01, 2018 · The law generally places the burden of proving the existence of the material or improper alteration on the person seeking to avoid liability on the check. Many courts suggest that the burden might be the other way around where there is an alteration. In other words, where there is visible evidence of alteration, a bank or holder could not claim ...

Can I be sued for altering a check?

Changing a check amount. My friend owes me in total over $2600. She orally agreed to pay me $100/month until the debt was paid off. She has inconsistently provided me with variable amounts, not the agreed $100/mo. She wrote me a check for $50. I cashed the check, but with an inserted amount of $650. She breached the contract by not paying me ...

Do I need a lawyer for a check fraud charge?

Aug 13, 2015 · Posted on Aug 18, 2015. Not all changes to a check provide you with a defense against making payment. Your check is called a "negotiable instrument" in the law. These are controlled by the Uniform Commercial Code, Article 3. You can review Kentucky's statute, 355.3-407, linked below, which addresses when you would remain liable for the check ...

Should I Change my Lawyer?

Feb 08, 2012 ·

What happens if someone changes the amount on a check?

What can I do? Contact your bank or credit union as quickly as you can. If your bank or credit union cashed the check, you may be able to have the difference restored to your account. You are still responsible for the original amount of the check.Aug 25, 2020

What crime is changing the amount on a check?

Also called passing bad checks, check fraud involves a bank account having insufficient funds. While Penal Code 476 also deals with forgery or altering checks, check fraud is more specifically when a person knows that an account does not have adequate funds but they choose to write it anyway.Jan 2, 2016

Is it illegal to change the payee on a check?

Errors on a check could include a misspelling of your name or the check being written to a different name. It is illegal to correct any error on a check on your own. Fortunately, there are other methods of correcting the error so you can still cash or deposit the instrument.

Can I sue a bank for not giving me my money?

With that said, it may be possible to sue banks in small-claims court or through class-action lawsuits. Small claims court involves suing for an amount of money that is often limited to $5,000 or less, depending on state law.May 8, 2020

How do I change the amount on my check?

Common Check Errors and Acceptable Corrections State statutes always value words over numbers. To correct the numeric amount, enter the correct total above the incorrect numerals, circle the correct amount and initial the change.

How long do you have to return an altered check?

You generally have up to 30 days from the statement date to notify the bank of an error, including an unauthorized signature or an unauthorized alteration on a check.

Can I modify a check?

The more important thing — and the question we're about to answer — is, can you correct a mistake on a check? In some situations, yes, you can correct a mistake on a check by crossing out the error, writing the correction directly above it, then adding your initials adjacent to the correction.

How can I remove a name from a check?

How to Remove the Writing From a CheckSet the check face down on a flat surface. ... Fold a couple paper towels and set them on a worktable. ... Dip a cotton swab into a bottle of acetone. ... Continue to swab the check until the ink disappears completely.

What to do if a check is made out to the wrong name?

Incorrect Names If you have a check with an incorrect first or last name, bring the check along with documentation and identification to your local bank branch. If your bank isn't satisfied with your evidence, you may need to have the check reissued.

How do I take legal action against a bank?

You should first file a police complaint against them. Secondly you should file a complaint with consumer forum and thirdly you should file a complaint with ombudsman which will take a strict action against just mal practices.

How do I file a complaint with the FDIC?

About FDIC To determine which regulator has jurisdiction over a particular banking institution, so you can submit a complaint to the correct agency, you can call the FDIC toll-free at 1-877-ASK-FDIC (1-877-275-3342).Jun 12, 2014

What does a banking lawyer do?

A banking and finance lawyer arranges loans to buy other companies, or to finance new business ventures. They also give legal advice, and work on a variety of corporate and finance-related cases. Banking and finance lawyers work for either a borrower (an individual or a company), or a lender (usually a bank).

2 attorney answers

Not all changes to a check provide you with a defense against making payment. Your check is called a "negotiable instrument" in the law. These are controlled by the Uniform Commercial Code, Article 3...

Noah Alfred Kuschel

A check is invalid if it is modified. However, if they decreased the amount of the check, why would you object?

What happens if you deposit a fake check?

If a person knowingly deposits a fake check, with the intent to obtain money that is not theirs or to deceive a bank employee, they will usually be subject to criminal consequences. These consequences can include jail time and/or criminal fines.

What is the defense against a check fraud?

Coercion is a common defense to such a crime. This is where a person is forced under threat of harm to commit the check fraud (for instance, if a person is forced at gunpoint to forge a check). Various other defenses may apply, depending on jurisdictional rules.

How long is a check fraud sentence?

Misdemeanor check fraud is typically punishable by less than one year in jail as well as some criminal fines. Felony check fraud may be punishable by more than one year in a prison facility, and higher criminal fines.

What is a fake check?

A “fake check” can involve many different aspects that have been changed or falsified. Checks can be faked or made fraudulent through many methods, including: Illegally reprinting or reproducing a check using computer technology or scanning technology (counterfeiting); Altering or faking a signature on a check (forgery);

What is check fraud?

Check fraud is a type of crime that involves the deceptive or illegal use of checks. In most situations, check fraud involves a person attempting to make a purchase or transaction using a check that has been faked, stolen, altered, or is otherwise not valid. However, check fraud can be accomplished in many ways and can happen in many contexts ...

What to do if you are accused of fraud?

Check fraud is a serious crime. If you have been accused of check fraud, you should try and collect various items that may help to support your innocence. These include: Things that prove you have access to or are authorized to use checks (such as an employee ID or other similar document);

What happens if you deposit a check that has been faked?

However, if a person unknowingly deposits a check that has been faked or forged, their lack of knowledge might serve as a defense. This all depends on the circumstances, as well as state criminal defense laws.

What happens when a check from Walmart is stolen?

When a check for more than a half million dollars from Wal-Mart to one of its vendors gets stolen from the mail and undergoes an alteration of the payee, it's not surprising that a lawsuit results as the various parties to the transaction attempt to use the provisions of the Uniform Commercial Code to allocate the loss to the party (ies) in the best position to prevent the loss.

Who presented the Asia Bank check to Wachovia?

The check was presented by Asia Bank to the Federal Reserve Bank of New York who presented it to the Federal Reserve Bank of Richmond who presented it to Wachovia.

What happened in the Wachovia vs Federal Reserve case?

Federal Reserve Bank of Richmond. In an opinion issued on July 29, 2003, the United State Court of Appeals for the Fourth Circuit upheld the district court's decision to grant summary judgment for Wachovia and Wal-Mart against the Federal Reserve Bank of Richmond (FRB) ...

How many Wal Mart checks were stolen?

In the year prior to the theft of the check in question, six Wal-Mart checks were stolen that were addressed to vendors in the Dallas area. The authorities alerted Wal-Mart that these thefts were not part of an organized scheme, but independent acts, and several parties had been apprehended.

Where was the $563,288.95 check stolen?

A $563,288.95 check drawn on Wal-Mart's account at Wachovia was stolen from the mail after Wal-Mart issued it to a vendor. The name of the payee was altered and the check was deposited into the thief's checking account at Asia Bank. The deposit aroused suspicions at the depository bank because at the time of the deposit ...

Who did Wachovia sue?

Wachovia sought reimbursement from Asia Bank, who refused. Wachovia then brought suit in North Carolina state court against the Federal Reserve Bank of Richmond for breach of transfer and presentment warranties under Article 4.

Can an intermediary bank defend against a breach of warranty?

If the item HAS been altered and a breach of warranty claim is made, the intermediary bank can defend an against it on the grounds that the paying bank lacked good faith when it paid the check in question or that the drawer of the check is precluded from asserting a claim against the paying bank.