Legal Question in Banking Law in California

Check payment by phone

If you make a payment by phone but do not give out the correct account number is that the same as an NFS check and is there any way you can get taken to court for this?

Asked on 1/29/01, 3:12 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Check payment by phone

This used to be called "uttering a false instrument." Now, because of you, the legislature will have to revive the term. I guess you really didn't do this. And you don't really need a law degree to know that this is stealing. I think a person who did this could be prosecuted under both the basic theft statute and the forgery statute. If they did such a thing, they should promptly contact the vendor and clear up the mistake.

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Answered on 3/15/01, 4:36 pm

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