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Shes Using bad checks off closed account

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Dburke372

Junior Member
Wife and I are seperated in NC, she has
written 30 checks from a joint account we had closed in 2013..she used checks in 2014-2016 knowing account was closed..can I take her to court for using the checks? Will she get jail time? All checks were under $500.00 but total over $2,000
 
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latigo

Senior Member
Wife and I are seperated in NC, she has
written 30 checks from a joint account we had closed in 2013..she used checks in 2014-2016 knowing account was closed..can I take her to court for using the checks? Will she get jail time

What do you mean by "take her to court"? Physically escort her there and plunk her down in front of a judge?

Does that come off as ridiculous? Sure it does. But then compare it with you sitting on your butt for 2 to 3 years before complaining about it.
 

Just Blue

Senior Member
Wife and I are seperated in NC, she has
written 30 checks from a joint account we had closed in 2013..she used checks in 2014-2016 knowing account was closed..can I take her to court for using the checks? Will she get jail time? All checks were under $500.00 but total over $2,000

Dburke372...When did you and your wife separate?
 

Dburke372

Junior Member
Dburke372...When did you and your wife separate?

We were seperated beginning of this year..she was committed to a hospital last year for bipolar.. that's when I found out about checks..she would hide all mail and any evidence this was happening
 

Dburke372

Junior Member
What do you mean by "take her to court"? Physically escort her there and plunk her down in front of a judge?

Does that come off as ridiculous? Sure it does. But then compare it with you sitting on your butt for 2 to 3 years before complaining about it.

I just found out after I did some digging! She would hide everything..but thanks anyway lol
 

quincy

Senior Member
Wife and I are seperated in NC, she has
written 30 checks from a joint account we had closed in 2013..she used checks in 2014-2016 knowing account was closed..can I take her to court for using the checks? Will she get jail time? All checks were under $500.00 but total over $2,000

If your wife was aware that the checking account was closed and that she was writing checks on this closed account, and if the value of the checks written were under $2000, your wife could have been/still could be charged with a Class 1 misdemeanor. Penalties will vary but can come with fines, restitution and the possibility of jail time.

If the value of the check is less than $2000 and the writer is not aware the account was closed, that can be charged as a Class 2 misdemeanor. If the value of a check is over $2000, that could be charged as a Class 1 felony in North Carolina.

There is, however, a two-year statute of limitations on bad check writing.

Here is a link to the law, G.S. 14-107: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-107.html
 
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quincy

Senior Member
But who can press charges? Me ? Or dose it have to be the people she wrote checks to?

What has happened recently that makes you want to do something now?

There can be reports made to the police and criminal charges filed, and there can be civil actions pursued by anyone who was given a bad check.

If you were affected by the actions of your wife, you can make a report to the police or, potentially (if the bank is holding you liable), you could file a civil action against your wife to recover your costs.

What is it you want to do, if anything? If no one has moved to take any action on checks written to them by your wife in 2014, they probably are not about to do so now.
 

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