QUESTION

If I had no idea about a fraud they claim it was me how do I get out of it?

Asked on Jan 14th, 2016 on Consumer Fraud - Arizona
More details to this question:
I received a phone call from an investigator and they said that I was going to have a warrant out for my arrest for a check fraud. Never in my life has anything like this ever happened to me. I was told by the fraud department that I was going to need to turn myself in and that they would arrest me for a fraud that happened back in 2007. I have never been issued any papers of any kind or to every ask to pay this account off. Is this a legal action? Can you help me figure this out?
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1 ANSWER

Administrative Law Attorney serving Tucson, AZ at Munger, Chadwick & Denker, P.L.C.
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Sounds very fishy to me.  If the "investigator" is from a law enforcement agency, ask what law enforcement agency he is with, then look them up and call them directly to see if there is an investigation against you.  If you were really subject to arrest and law enforcement knew how to get in touch with you, they'd most likely just come and arrest you.  Let's assume, for the sake of argument, that you did pass a bad check. Passing a bad check may be a class 1 misdemeanor or a class 6 felony. A.R.S. 13-1807.  Generally, the former has a one year statute of limitations and the latter has a seven year statute of limitations. A.R.S. 13-107.  Unless the times were tolled for some reason, you are probably not subject to prosecution for passing a bad check.  If this is a debt collection agency, they are very likely violating the Fair Debt Collection Practices Act by misrepresenting the character of the debt as enforceable or saying that you can be prosecuted (among other violations). See https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text I suspect this is some kind of scam trying to scare you into sending them a check or giving them your credit card number.  Consider reporting the caller and their phone number to the Arizona Attorney General's office and/or the police. 
Answered on Jan 21st, 2016 at 6:16 PM

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