A Donated Check Had Insufficient Funds.

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Reverend

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For a year my newly exempted 501 c 3 organization has been requesting public donations to fulfill our mission and goals. Finally a check arrived by UPS for 3550.00 made out in my name with my organization's acronym misspelled. There were no request for money nor personal information. There were no instructions as to what the donation should be used for. Just a plain check drawn on Bank Of America. Here's the catch. I took the check to a Wachovia teller who informed me that because the check was made out in my name she would have to get it approved before cashing it. Unless I wanted simply to desposit it. I told her that I wanted to deposit it into the organization's account because I didn't have a personal bank account, yet I need to get 100.00 back. She said I could desposit it but I probably had to wait before I could get any money back because it was in my name and not the organization's name. I asked her if I desposited it in the ATM could I then get the 100.00? She told me that as long as I was despositing it that I could do it that way. I didn't run through the donation instead I tried to contact UPS about its origin. They told me that it was mailed from a location in VA Beach from somebody claiming to be from All Star Findings. That was all the information they could provide. I left the money alone for a few days and the account indicated that the balance was in the black. So I started using the Debit card for small purchases. Everything was fine. So I started writing checks from the organization's account to pay bills. I used about including the first 100.00, 760.00. Then while trying to purchase oil and transmission fluid, the card was declined twice. I found this strange since I had just deposited 48.00 an hour before. I rushed home to check the online banking and saw that I was in the red 867.00 with other items being processed. Wachovia, has disavowed any responsibility or help in the matter. They just want their money. Bank of America has revealed that the lady that the check belongs to is an alledged victim of Bank Fraud and the case is being handled by the Fraud Department. But I can't do anything about anything to recoup my losses and the impending consequences that my organizaiton's account will face if Wachovia is not paid. Please advise me on how I can handle this mess legally and recoup the monies owed. Oh I was charged Stop Payment Fees also. For the life of me I can't understand why somebody would just send out a bogus check without getting something in return. They didn't ask for money or any personal information for Identy Thelf. Frankly, I am not only out of money, can't desposit mony in the account, but I am stumped.
 
Reverend, this is not a "scam" or general "fraud" so I'm moving this post. What I'm trying to understand is how you could think that you should deposit a check that you have no idea as to its origin. Did it not occur to you that something was wrong when you received this check with no information and misspellings? Unfortunately and not accusing you of anything, the oldest trick in the book is to have a "donation" sent by a person whose identity was stolen and the innocent recipient cashes it and expects the bank to deal with the loss after the money is withdrawn. It doesn't work that way for good reason. Chances are your agreement with your bank allows them to do exactly what they did - read the terms. And next time, you should always investigate money that doesn't smell completely kosher.
 
I Appreciate Your Harsh Candor

Thanks professor. I did not explain that on the very day the check arrived, the brakes went out on my 1974 Pick Up truck, and I was nearly involved in an accident. It is my only automobile. I needed money, which I didn't have, to purchase brakes and get them installed. I found the check waiting when I walked home from the incident. I saw it immediately as a blessing and a curse, but I was caught between a rock and a hard place. Suffice it to say, that this is why I didn't spend extravagantly but cautiously. And remember, I did try to contact the people who sent it. I even wrote a letter of thanks to the owner of the check promising to use the money for the mission and goals in our operational budget. She hasn't replied of course. Yes, I feel stupid, but as you have pointed out, it was a costly learning experience. One that I shall forever remember, and for this I thank you.:)
 
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