Do I need a criminal lawyer?

Asked over 4 years ago - Modesto, CA

I wrote a very large check to my husband( over $3,000.00) and mailed it to Salle Mae by accident, I called them to send it back, they said they would but instead they electronically deposited the check and took the money out of my account. It's this grand thief?

Attorney answers (5)

  1. Clifford L. Tuttle Jr.


    Contributor Level 15


    Best Answer
    chosen by asker

    Answered . Its a great secret that most commercial companies don't read the payee name, nor do banks. Under the UCC you may demand that your bank reverse a transaction where the party who endorsed and negotiated the check is not the payee. But you must do it immediately. See your banker in person. If you do not get assistance get a lawyer,one who knows this area of the law.

    Clifford L Tuttle, Jr
    Attorney at Law
    Pittsburgh, PA

  2. Robert Lee Marshall

    Contributor Level 20

    Answered . In most cases, if a person asks if they need a criminal defense attorney, the answer is a loud "YES!" However, it doesn't sound like you do.

    Are you saying you believe the mortgage committed theft by cashing the check you mistakenly sent to them?

    First of all, you cannot file criminal charges against anyone. Only the District Attorney (or, in a federal case, the US Attorney) can do that. You could report this incident to law enforcement, asking that they forward their reports to the proper authorities for review for possible criminal charges, but they probably won't be interested.

    It sounds like you made a mistake, then a large company didn't catch your error in time. They didn't intend to steal your money.

    It sounds like you need to call Sallie Mae, explain that you made an overpayment, and ask to have the balance sent to you. This is a customer service issue, not a criminal offense.

  3. Pamela Koslyn

    Contributor Level 20

    Answered . No you don't need a criminal lawyer - those lawyers defend criminals. Prosecutors who go after criminals work for the city or county or federal government.

    If you can't get Salllie Mae to return the money (and how they could deposit a check made payable to your husband needs to be explained), you need a business litigator.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  4. Robert Lee Marshall

    Contributor Level 20

    Answered . Uhhh... Ms. Koslyn...

    As a criminal defense attorney, I defend people ACCUSED of crimes. My clients are presumed innocent unless they are convicted, whether it's by a jury or by their own plea.

  5. Pamela Koslyn

    Contributor Level 20

    Answered . Mr. Marshall, my very bad, of course I meant that criminal lawyers defend ALLEGED criminals.

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