New Jersey Check Fraud Lawyer Discusses a Bad Check Case Study
I recently represented an individual as a New Jersey Check Fraud Lawyer that that had sought out the assistance of a service. The service was paid for with a check that was a good check to begin with. Through a series of miscommunications between the person who received the check and the local bank, the individual who received the check, who provided the service, got the wrong information from the financial institution, in this case a bank. They were told that that person did not have a valid account, which was erroneous information. In fact, the check was good, the account was open, and the account had sufficient funds.
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Based on the information which was wrong, the “bad check” was never even tendered or offered to be deposited or cashed. The individual who received the check simply assumed that that information was correct. I understand why they would have done that, but they never even tried to tender the check or cash or deposit the check. They simply went down to the municipal court and applied for a probable cause hearing to occur in front of a judge.
As a New Jersey Check Fraud Lawyer, I think that illustrates the rush to judgment that needs to be adjusted when talking about cases like this. I think the presumption shouldn’t be that someone’s giving you a check that’s not good. I think the presumption is that most individuals who are consumers are giving checks that are good and that a quick phone call to that particular person who wrote the check would have cleared up that situation instead of being rushed into court for a hearing.
I think this example illustrates a couple of very important points. Number one, individuals that are charged with this type of offense should show up to their probable cause hearing, even though they’re not going to be heard by the court, to simply listen to the testimony of the person who is bring the charge. Number two, that they should seek counsel, an attorney, to represent them from the very beginning.
Are Some Bad Check Cases Misunderstandings? Criminal Courts Should Not Be Used as Collection Agencies or for Civil Litigation. Effective Communication Can Resolve Matters in the Appropriate Manner
As a New Jersey Check Fraud Lawyer, I think that people should be very aware that the municipal court and even the Superior Court is really not a collection agency. The court is not an arm of a potential civil litigation. If there is some type of crime being committed, certainly they have the right to file charges.
But if it’s simply a misunderstanding, people can usually work out misunderstandings among themselves. Or, they can use the civil court to try to gain a judgment for someone who performed a service and didn’t get compensated appropriately.