You do not provide a lot of information and its impossible to know what is really going on. I would urge you to consult with an attorney, depending on the answers to the following questions: Why did you receive a check from an insurance company? Did you have a claim of some kind? Why was there a stop payment placed on the check? Did the insurance company advise you that the check was issued in error and not to cash it? If you knew the payment was stopped, why did you cash the check? Who is now after you, the bank or the insurer? The simple thing to do is refund the money if you were not entitled to it or work out some kind of payment agreement. You have not related anything which would suggest criminality (and you should not further discuss this on a public message board) but if it can be shown that there was some type of insurance fraud, then that would be a crime. Whether you would go to jail or not depends on a lot of factors (what kind of offense would ultimately be convicted of and whether you have a prior record). Also, good criminal defense lawyers may be able to get any criminal charges dismissed if there is restitution. If there is any potential insurance fraud then I would seek advice from a criminal law attorney. If you are not at that stage then a consumer lawyer may be able to help you work out a payment agreement.
Answered on May 17th, 2013 at 7:45 AM