personal checks
My uncle recently discovered he had over $500 dollars worth of his personal checks that were stolen and used by my cousin, his daughter. he did not press charges, but he chose to not speak or have anything to do with her. I know my cuz is repsponsible, but should the bank and the store who allowed the transaction be held accountable too. She is 32 years old so she knew what she was doing, and she is not on his account, but was able to write checks and cash them at the stores freely. Should the stores and banks not be partly responsible should my uncle press charges and try to get his loot back?
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17 comments for “Would you press charges against a family memeber for stealing personal checks and cashing them? Why or why not”

1
Mel

It is up to your uncle on whether he wants to do this. let him handle it the way he wants to.

June 27th, 2009 at 8:55 pm
2
Linda D

At age 32, she’s pulling that kind of crap? He’d be doing her a favor by pressing charges. The bank and the stores are secondary. I would defintiely press charges, even if it was my daughter.

June 29th, 2009 at 2:46 pm
3
Jeff M

This is NOT an easy one. On general principle, I owuld press charges. However if it was one of my sons (after they reach adulthood or before) I would have a bigger problem with it.

I owuld NOT press charges for only $500 UNLESS I thought the money was for drugs or something like that. If it was for drugs or comething I would turn them in without hesitation hoping that this would give them an opportunity to clean up.

July 1st, 2009 at 1:10 am
4
PATRICIA MS

If they give him his money back, THEY will press charges against her. He won’t have to. Otherwise he loses everything.

July 2nd, 2009 at 7:00 pm
5
spleenwater

to the fullest extent of the law.

family is just a bunch of strangers you happen to share DNA with. i would send that biotch to jail faster than you could cash a bad check.

July 4th, 2009 at 11:42 am
6
MajorTom ©

I would have a hard time pressing charges against a family member unless they did this repeatedly. However I agree that the bank and stores should be partly for not checking ID.

July 6th, 2009 at 5:26 pm
7
civil_av8r

the stores are not accountable for the forgery committed by someone else unless they knew about the forgery and still made the transaction.

July 7th, 2009 at 5:12 am
8
The Thing

I would press charges…Under the UCC, the bank is responsible if it accepts a check over a forged endorsement, but unless they voluntarily give your uncle back his money the amount is probably too small to make it worthwhile for him to sue the bank.

July 9th, 2009 at 10:47 am
9
tjs

she is counting on his weakness for her to escape prosecution. he is enabling her if he does not press charges or in some way punish her. it isn’t the first time i would say that she has stolen from him.

July 11th, 2009 at 11:26 am
10
basport_2000

If he had of pursued the legal route, it would have cost him so much more than he lost and the lawyers and courts would be making his hard earned money. I believe that he did the right thing by choosing not speak with her. He will re-evaluate his situation with her as time goes on. By his actions, he is making her think, and if and when they do speak again, he will probably demand restitution and an apology. If not, it is a $500.00 lesson somewhere, even in terms of using a ’safe’ for all of his personal stuff and he is not shelling more out just to teach a lesson or ‘get even’.
Depending on policies, what bank arrangements your uncle had, etc, the responsibility is ultimately, although it could be argued, with your Uncle…but then again, that part is up for debate upon discovery of those arrangements.

July 14th, 2009 at 6:11 am
11
ConcernedCitizen

It’s his decision to make, and it sounds like he’s sticking to it. If I were in that situation, my response would depend on the reason for the theft. If she’s a fairly responsible person, I wouldn’t press charges but I’d make her pay me back. If she’s an alcoholic or drug addict, I’d press charges because hitting bottom might put her on the road to recovery.

July 15th, 2009 at 5:11 am
12
foofoo

I think I would abide by what the uncle wanted to do. I think if he wanted to press charges he would. I also think he needs to lock up his checks.

July 15th, 2009 at 7:16 am
13
Leanne H

i would have gone straight 2 the cop shop no matter who it was

July 16th, 2009 at 9:16 am
14
Cloudcity CC

I guess it depends. If the person repaid the amount stolen, I would probably not press charges (since they are family) but they would take a long long time to ever regain my trust in them (as if it was serious, they should know merely to ask and I’d help, and otherwise, they betrayed your trust for something so minor, so have no respect for you)… If they were younger (18 or younger) I would impose some sort of penalty on them (community service of a sort for a set period of time, to try and help them learn to be better than such things as theft).

July 19th, 2009 at 8:35 pm
15
tonalc1

First of all, an individual cannot press charges; he could report the crime, and the DA would determine whether or not to press charges.

I think he’s just considering it a $500 lesson; the hassle and expense of going to court might not be worth it to him.

July 19th, 2009 at 10:59 pm
16
Ahcho Nam

It’s up to your uncle whether to press charges or not. It’s a family matter and not the business of anyone else. If I were in his shoes, I’d probably have done the same thing. My children are dear to me and if they choose to steal from me it’s my problem.

July 22nd, 2009 at 7:53 am
17
b8k3p

Pressing charges won’t get anything back to your uncle — to do that, he’ll need a civil action.

Having pressed charges is vital to the success of a civil action for a criminal tort, because the court will ask, “If this actually happened, why didn’t you press charges?”

So, should he press charges? Yes. . . and after the thief is convicted, he should file a civil suit against him/her for court costs, damages, suffering . . . all of that fun stuff (even time he missed from work as a result of their actions . . ) so that when they get out of jail, they’ll owe him.

Justice is law free of passion . . . we can’t make special rules for friends and family, and still be just in our actions.

July 24th, 2009 at 8:15 pm

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