Can I be sued for cashing a check in another’s name if the money was meant for me?

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Can I be sued for cashing a check in another’s name if the money was meant for me?

Hello. I recently worked as a receptionist for a Spa. I choose to do a deal (signed my name on the agreement) where we were featured on the website and recieved a check from the website for the advertisment. My name wasn’t on the check, only the Salons (sole proprietor). I cashed the check and gave the money to myself and all the employees featured in the advertisment. Now she is threatening to sue me. I didn’t mean harm. I’m wondering does she have a case against me and could I be found guilty?

Asked on November 7, 2010 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you should have not cashed the check.  It is embezzlement.  Even if you really thought that the money was going to be disbursed in the same way that you disbursed it, it was not in your name and you have no right to cash the check and disburse the funds.  Is the Spa owner willing to settle the matter with you in exchange for pressing charges? Then I would speak with an attorney here about helping to negotiate a settlement, in writing, on the matter.  Bring the agreement with you so that he or she can see what is going on and what you thought you were doing was correct (although please understand that it is never correct to cash another's check).  Good luck.


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