Bad Check Collector's 'Fraud on the Court' Found Actionable

hannah · 07-02-2007, 08:18 AM

Interesting story of an attorney collecting bad checks. Moral of the story? Don't ever NOT attack the assignment of a JDB including one hiding behind his JD. (From the NJ Law Journal via Law.com)

roybean · 07-02-2007, 11:44 AM

Wow...spanked his behind good!

cajunbulldog · 07-02-2007, 03:08 PM

DAYUM,someone is about to get hammered.Glad we still have some judges who uphold the letter of the law.

Ron Mullinax · 05-15-2008, 01:37 AM

Hello, actually this attorney has the right to do what he is doing. The check cashing store accepts checks based on the company and not the payee. Yes many time old checks are thrown out and not destroyed making that company lible. Then and old scam is the employee cash the check then reports the check lost to their employer and employee now gets two checks, The employer stops payment and the check cashing company is told to basically get loss. The holder on the check is indeed a "Holder in Due Course' and can sue.

Pale Rider · 05-15-2008, 08:38 AM

Quote:

Originally Posted by Ron Mullinax

Hello, actually this attorney has the right to do what he is doing. The check cashing store accepts checks based on the company and not the payee. Yes many time old checks are thrown out and not destroyed making that company lible. Then and old scam is the employee cash the check then reports the check lost to their employer and employee now gets two checks, The employer stops payment and the check cashing company is told to basically get loss. The holder on the check is indeed a "Holder in Due Course' and can sue.

That is a completely different scenario than the one in the article. It is never legal to counterfeit or steal checks then try to collect on them. The article also shows he has a history of criminal activity. That has absolutely nothing to do with an employee trying to cash two payroll checks.

BTW, I don't know about the check cashing places you visit, but where I am, you are not getting paid just because the check came from a certain company. You better be prepared to show several forms of ID, and you will be tracked down if you pull the kind of scam desribed above. The company would be in the clear, and most banks post notices that a person cashing a check is responsible for the authenticity of that check. In fact, most checks go through the system so quickly now, the scam is highly unlikely after the mandatory waiting period before a new payroll check would be issued.

spinn · 05-15-2008, 09:35 AM

A friend owned a check cashing store once. Some local mutant kids made up a fraudulent check for maybe $25,000 or so. They gave it to a mentally handicapped neighbor who cashed it and then gave the kids all of the money minus something like $250.

My friend ultimately had to go after the mentally handicapped kids family because the other kids, and their families, had no money; and were probably in on it too. My friend sold the store as soon as possible, probably to a collection agency.

I am sure the mutant kids will make excellent JDB attorneys....some day.

jlynn · 05-15-2008, 01:02 PM

That begs the question why your friend wasn't a little bit curious why someone receiving a $25K check was cashing it in a store that charges upwards of 10% for their fee. Didn't his things that make you go hmmmm meter go off?

spinn · 05-15-2008, 08:50 PM

He would of been if he wasnt sitting at the pool while the clerks who make $9 an hour were cashing the check.

I wonder how they get anyone to work in those places.

I also wonder how the court ruled if it ever went to trial....although I probably do not want to know.