A person wrote me a $100 cheque, the first of a series to pay back $1050, and it had a memo line stating $950 still outstanding, but the cheque was NSF and no more cheques were written. Does this cheque and further missing cheques constitute Bank Fraud? Is there any avenue I have in Canadian Law to purse the matter, other than small claims, which I have already done.
122162
hi,\n\nthere is a bit about cheque fraud on this page:\nhttp://www.crimes-of-persuasion.com/Laws/Canada/criminal_laws.htm\n\nthis page from the mounties\nhttp://www.rcmp-learning.org/iim/ecdi1018.htm\ndiscusses it further:\n\n-----\n\nAt this point we should divert for a few moments and discuss the issue of NSF cheques. This is one of the most common false pretence offences you will encounter and it would be well to clarify that issue now.\n\nRead Sub-section 362(4) of the Criminal Code of Canada.\n\nYou probably noted that this sub-section is designed specifically to deal with NSF cheques. It places the onus of proof on the person writing the cheque, to show reasonable belief at the time of writing, that the cheque would have been honoured. This "reverse onus" takes effect the instant it is dishonoured due to insufficient funds.\n\nThis is a controversial issue which has been challenged (R. v. Driscoll (1987), 38 CCC (3d) 28 Alt, Ca).  Some courts have deemed it to be a violation of the constitutional rights, contrary to Sub-section 11(d) of the Canadian Charter of Rights and Freedoms, which guarantees presumption of innocence until proven guilty.\n\nThe Canada Evidence Act (Section 29), provides authority to obtain documentary evidence of "no funds", or "NSF" cheques. \n\n------\n\nanother link:\nhttp://www.lawyers.ca/dharris/articles/fraudrevistedpartiii.htm\n\n\nalso, be aware that in the US, it is NOT considered criminal to write an NSF check for a DEBT:\nhttp://www.ckfraud.org/penalties.html\n\ni don't know about canada.  probably best to ask a lawyer; most will give you a free 1-hr consultatoin.  keep in mind that since it's such a small amount ($100) you are unlikely to get the officials interested in pressing charges.  it's possible though.  i think small claims court is probably your best bet.
513435
It's a scam.\n\nThe $4,600 check is going to be returned.  You never should have deposited it because it is counterfeit and the police might think you are part of the whole scheme.  \n\nObviously, don't send them a penny and don't respond to any more of their e-mails.
16956
We just received the same check.  What have you done regarding this check.  I can't find anything out either.  Our check had the same amount and post-it saying thanks.
676873
w0000t this is cool, writing out free cheques to myself :)) ty once again
428449
As long as the check was legitimate and not fraudulently endorsed, you should be OK.  Stop Payments will prevent the check from clearing, but you've noted that the check already cleared. \n\nWhy are you worried?
177445
Unless there's video tape of them taking out the cash there's nothing that will happen.  Simply accusing someone of taking $2000 isn't going to mean anything, there has to be proof of them taking it.  Since I dobut you'll even be able to prove there was $2000 in it I seriously dobut you'll prove they took it.  Anyone could have taken it, the person who found it has no way of knowing what should be in there.  Also what type of person carries $2000 in their purse?  Only someone asking for trouble would do that type of thing.  Also don't think the store will pay for it, it was YOUR MISTAKE that caused the money to be lost (if you could even prove that you had it) and NO store or insurance policy will payout a claim simply on a statement "I had $2000 in the purse."  How rediculious do you think that statement sounds?  It makes you look more like a criminal then the person who you say stole it.
672910
They should be able to verify whether or not the check was ever cashed, and if not, then you should be entitled to it.  You need to keep on these people though!  They're just civil servants.  They don't care about you, as long as they get their paycheck!!  Fight until you see that check!!!
296633
Nope.  They have to be sure you didnt cash it.\nYour friend really needs to pursue the issue since he wrote the check.
378273
I know that this was the case in Canada and possibly other Commonwealth countries but I'm not sure it applied everywhere. The most official place to check would be the Bank Act (the federal legislation that sets up banking and establishes the standards that must be met).  If it is on line it will be linkable from the federal website.  Since cheques have to be MICR encoded now, the act has probably been changed but maybe not.
546325
I read an article on this in www.moneysavingexpert.com. Its seems that if you make a complaint and mention 'taking legal action against them' they are willing pay you it back out of what the bank might call 'customer courtesy'. \nThe other 99 out of 100 will have paid their £50 charges. Thats not bad for the price of 100 letters plus postage at say 50p each!? Now thats a nice little earner.
136312
First question:\nA certified check or cheque is a form of check where the bank verifies that sufficient funds exist in the account to cover the check, and so certifies, at the time the check is written. Note that this does not guarantee that sufficient funds will still be in the account when the attempt is made to cash the check. The purpose of certify a check is to guarantee funds, the amount of the check is held by the bank when it is certified. Otherwise there is no reason to certify a check.\n\nSecond Question:\nI would ask your bank what there policy is, every bank has different procedures and policies.  \n\nHope this helps.
469586
I worked for a place that direct deposited my checks.  They were required to give us all paystubs.  I know they were required to do so because they were so cheap they squeaked when they walked.  They would never have spent the extra money for stubs if they weren't required to do so.  But...check with a lawyer to be sure.  It might be different in your state, this was in Colorado.
183591
OK...the cheques in the mail
599330
Don't do it!!!! They charge really high interest.  If you had to write a check out of your personal account for them to hold until you can pay, they can cash that check as soon as your agreed upon time to pay has passed.  They do NOT have to tell you before they do it.  Then, not only do you have their stupid fees, you also have a charge from your bank for a returned check!!!!
389338
many shops nowadays don't accept them because many people can get an item purchased without real proof that they have the funds in their banks with the use of a cheque. Not only will it cost the shop money on a non sufficient cheque but it will cost the customer as well. Also cheques can be stolen therefore a signature can be forged, and the store not being able to get their money on an item purchased ever. I have worked in retail before and that is one of the many reasons why they no longer accept cheques!
224043
I'd call the police.  What you're describing is a crime, not merely a financial/contract issue.  It's like he's running a scam.  If the police won't do anything, then go to the magistrates office and file against him.  The secretary in the magistrates office will help you fill out the forms.  After you win before the magistrate, you can do a sherrif's sale on his personal property to collect your deposit and any court costs you incurred if he doesn't pay you in a timely manner.\n\nEdited to FocalBlur:  He/she paid by cash but has a receipt.  Even though there's no contract, he/she has a case because people don't just give money to people for no reason--a service should be rendered.  I agree saving the advertisements, keeping a log of phone calls, what was said on what date and what occurred, will back up the case.  But he/she's not screwed for paying cash since he/she did get a reciept.
374061
No way.\n\nThis situation would fall under the fair credit reporting act.  No financial institution is allowed to release info like that without your express written consent.\n\nThe only info they can release legally, is to tell someone if your account has enough funds to cover a check you wrote.  And this would be a simple, yes or no answer.\n\nYou could file a complaint with your state attorney general, but I would believe that both your boss and his banking friend would deny it happened.\n\nIf I were in your shoes, I would close down my account, and after I have opened a new account, send a letter to the VP telling him exactly why you moved your banking.