What are the legal consequences of depositing someone's check?

into my account? It's a long story, but to make it short - my sister stole my identity and used my name and SSN to charge up thousands in medical bills. The hospital bills started coming to me after the hospitals located me in my home state. It was a big mess to get sorted out and nearly cost me my good credit. I chose not to press charges against my sister although I did tell the hospitals she was the one who commited the fraud. A few weeks later, I inadvertently recieved in the mail a small ($250) check addressed to her from a very old car accident. There was no way I was going to send her this lttle surprise after what she'd done to me so I put it in my account. The stupid person who told me how to do that ended up telling someone who told my sister (double betrayal) and now she told that person (she doesn't have my #), to tell me she is pressing charges. Of course I can press charges against her for her far worse crime! However, does she even have a case here?
Answer:   I know how you feel - your sister wronged you and you wanted to get even (or some restitution). But, do you feel any better? You did your sister a favor by not pressing charges - now she wants to press charges against you. This is sibling riverly at it's best! My sister has stolen so many things from me over the years and I've never been able to get away with doing it back to her. I guess there has to be at least one "good" sister and one "bad."

Going to court over this and pressing charges in return will continue to do further damage to your relationship - not to mention everything it'll put your family through. Do the right thing and give your sister back her money. I would recommend doing this through an attorney with paperwork stating that she won't press charges in return. "You reep what you sow." Your sister will eventually get what's coming to her. Sow good things and you'll be rewarded for it in the end.
Yes, a serious one. Check fraud is a federal offense.
She has a case. You stole the money that was intended for her. The magnitude of what she did is larger, but you both acted poorly.
Well, you could argue that you were trying to offset the damage she caused by stealing your identity, but I think it is a weak argument. You essentially stole money from your sister, and two wrongs don't make a right from a criminal law point of view. I would return the money ASAP.

Dana Anderson
Both guilty.

Hang 'em high.
yes she does. what you did was a crime. I hope she sees the wisdom of not pressing her case though, as she would also be in trouble for defrauding the hospital regarding her identity and the payments she owes.
Yes, she has a case. Under the law you have both committed fraud and the crimes are of equal weight legally. Although she would probably get a stiffer sentence you both could be liable for fines and you both could go to jail.

My husband is in the legal field and he says if you get anything like a summons get an attorney AT ONCE!
You forged an endorsement. It is a criminal offense. It is NOT a federal crime: only a state crime.

Get rid of the "friend" that told your sister.

Contact your sister, best through an attorney, that you're going after her civilly and criminally. Then follow through. Don't wimp out.

Did you learn a lesson here?
It might be check fraud, which is pretty serious. Usually the best approach is to seek out the authorities first.
Yes, she has a case and you would lose. These are two seperate incidents and neither one should have anything to do with the other.

If this goes to court, file a counter suite so the two cases can be heard at the same time. Get all of you paperwork together before filing.

Also, sometimes there are time limits as to how long you wait to file a claim. If the identity theft occured x number of months/years ago, you may not be able to do anything about it now. Check into it.
well if you give your sister back her money, then make sure she gives you a receipt or just give her a money order and then i would take her to small claims court with your medical stuff, given that you can prove it was her and not in fact you. Should you choose not to give her back this money you could face some very serious charges and possibly some jail time.
Even though you may not press charges against her - SHE may press charges against you if you deposit her check!

2 wrongs don't make a right - legally it's HER money, not yours.

While I do feel sad for you and the situation with your sister, you need to contact a lawyer who can help you straighten this mess out.

I wish you well!
As things turn out, you're the bigger criminal here if you cashed or deposited her check. You could be charged with theft. A side note, you should have pressed charges, even if she was your sister. She's now learned that she can get away with anything and has no remorse for what she did to you.

After hearing and understanding your saga, I don't think a prosecutor would waste their time on a case between two sisters for $250.

What you should have done to get a little pay-back from your ordeal was to just destroy her check and claim ignorance.

Instead of taking all this to a judge, you should tell your parents what she did to you and let them know what she's now threatening to do to you.
She can press charges with the local police, but that's the least of your problems, as we are talking about federal banking regulations here. That was a big no-no! If you just had to do something to get back at her, it would have been easiest to just tear up the check. This would be a felony in my state, due to the amount of money.

Maybe if you pay her the money, she will not press charges. If she agrees, be sure to do it with a money order so that you have the carbon copy as proof of payment. Be sure to write exactly what it is for on the money order.


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