checks cashed, who is liable

Ask a Lawyer

Ask a Lawyer

Question

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.

Answer

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…