checks cashed, who is liable

Ask a Lawyer


Country: United States of America
State: Texas

I received 2 checks from my insurance company. I cashed them. Now the place where I cashed it said that the insurance company stopped payment on one of them. Who is responsible? If I am, and I shouldn't be, and I don't have the money to pay for it, what happens? Is it my fault? Can I go to jail for it? Is a misdemeanor or felony? The insurance company said that I should have only cashed one of them. How was I supposed to know? I am not a criminal nor am I a thief but the the check place wants me to pay for it. I don't have it and I don't think I am at fault.


You are responsible but can sue the insurer if they are at fault somehow...if you knew only one check was supposed to have been sent they could technically charge theft--so make sure you don't admit that...