QUESTION

Check was made out to me but was meant for somebody else can I cash it even if it was in my name?

Asked on Oct 28th, 2012 on Criminal Law - Michigan
More details to this question:
The company sent it to me instead of the other person.
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11 ANSWERS

Michael J. Breczinski
You should either send the check back to the company with a letter explaining the mistake or you should go with the person to the bank and cash it and give them the money. make them sign a receipt for it though. The first way is the safest.
Answered on Nov 01st, 2012 at 1:05 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Probably you could cash it, however the company will shortly be coming back to you and looking for the funds which you received in error. If necessary they will most probably sue you. You notice that your money give it back
Answered on Nov 01st, 2012 at 12:57 AM

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Do NOT cash it. Taking money that you know is not yours is a crime, even if the owner of the money sent it to you by mistake. Think of it this way. Suppose you drove your car to my house, parked it in my driveway, left the keys in the ignition and left the doors unlocked. Sure, you'd be a fool. But, would you really consider it not a crime if I got in your car and drove it away Return the check to the sender with an explanation of what happened.
Answered on Nov 01st, 2012 at 12:51 AM

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Administrative/ Regulatory Attorney serving Airway Heights, WA at Clinton Law Office
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Send it back with an explanation and save yourself a whole lot of trouble in the future.
Answered on Oct 31st, 2012 at 11:40 PM

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Thomas Edward Gates
No, you have no rights to the funds because you did not earn it.
Answered on Oct 31st, 2012 at 11:29 PM

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Michael Paul Vollandt
Do not cash it. That is a form of theft.
Answered on Oct 31st, 2012 at 11:23 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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It sounds lkike it was made out to you by mistake.. a fact that you seem to acknowledge. If you cash the check, you are taking money that you know does not belong to you. Sounds to me like theft.
Answered on Oct 31st, 2012 at 11:20 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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If you know it is an error, you should not cash the check. Come on, this is common sense.
Answered on Oct 31st, 2012 at 5:44 AM

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Sure, but expect to be charged with fraud later on.
Answered on Oct 31st, 2012 at 5:21 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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If the check was made out to you, you can cash it.
Answered on Oct 31st, 2012 at 5:19 AM

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Absolutely not. That would be theft by conversion.
Answered on Oct 31st, 2012 at 5:04 AM

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