QUESTION
Is it fraud if you close your bank account to stop a company from taking automatic payments out of your account?
Asked on Apr 20th, 2014 on Criminal Law - Missouri
More details to this question:
I was told by the company that it is like writing bad checks.
5 ANSWERS
Criminal Defense Attorney serving Visalia, CA
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The Law Office of Gregory Hagopian
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No it is not.
Answered on Apr 22nd, 2014 at 8:14 AM
Michael J. Breczinski
That is not true. You are just cancelling their ability to withdraw money not giving them a bad check. I had to do this once. It is illegal to threaten criminal action to collect a debt.
Answered on Apr 22nd, 2014 at 8:13 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It can be if they can prove that that was the purpose you closed the bank account. That is the same as intentionally frauding someone. They could build a circumstantial case against you based upon your statements and the timing to conclude that you did it on purpose so that they couldn't get their money.
Answered on Apr 22nd, 2014 at 8:13 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to review the details and the contractual obligations that you are under.
Answered on Apr 21st, 2014 at 2:18 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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You may close your bank account at any time you choose. You should write a letter to the company indicating that you are no longer going to pay and the reason for not paying or make other arrangements for payment if you intend to pay.
Answered on Apr 21st, 2014 at 2:17 PM