Escrow. Is this illegal?

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Escrow. Is this illegal?

Postby Dom » Tue Oct 26, 2010 10:26 pm

My girlfriend works for a payroll company. They take taxes and insurance and child support out of weekly checks to pay each at the end of the month. She got a call from the circuit court stating that a $30 child support check had been returned from escrow due to NSF. The boss took out the money for an investment and replaced it when the court called. Is this illegal?
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Re: Escrow. Is this illegal?

Postby peg » Wed Oct 27, 2010 10:38 am

Dom wrote:My girlfriend works for a payroll company. They take taxes and insurance and child support out of weekly checks to pay each at the end of the month. She got a call from the circuit court stating that a $30 child support check had been returned from escrow due to NSF. The boss took out the money for an investment and replaced it when the court called. Is this illegal?


Well, this site is more focused with Online Escrow and Shipping Fraud, however I would have to say that it's not legal, however, I am not a lawyer. It's probably one of those things like when you pay your bills. You don't have quite enough money to pay them ALL, so you end up being late on one (or more) until you have the money. Then you pay it up (and any associated fees). Is that illegal? I don't think so, unless your intent is to defraud but you would have to prove that.

In your case it sounds like the boss took the money out of an account, and didn't tell the person that wrote the support check. If the person that wrote the support check KNEW there was insufficent funds, and wrote the check anyway, that could also be construed as a crime (knowingly trying to pass a false payment instrument).

Again, however, you may want to consult other legal advise as I am not a lawyer, and the above is just my opinion based upon my limited knowledge.
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