Consumer Fraud Dent Removal Scam & Money mart threats to sue

[csycalma]

My parents were involved in a dent removal scam. They were approached by a guy who said that he could fix the dents in their car. He did partial work, so my parents paid him $450, and he said he was going to come back to finish the rest, but of course he didn't. The phone number he gave was bogus too. So, they put a stop payment on the check. But he already cashed it at a Money Mart place. Now, the Money Mart has been calling and harrassing them to pay the $450 plus the stop payment fee of $25. The Money Mart is threatening my parents that they will sue them for that amount until they pay according to the UCC section 3302 letter that they received from them. Is that true? Does the third party have a right to sue my parents when its between my parents & that guy who provided fraudulent services?

 

[army judge]

The check cashing place can go after the scammer, or the issuer of the check.

The issuer was your dad or mom.

So, yes, as a holder in due course, the check cashing agency can go after the one who originally issued the check.

But, your dad or mom should speak with their bank and find out what actually happened to cause the stop payment order not to work.

The scammer might be the one calling them.

That said, they can go after the scammer, assuming they can find him.

They might want to file a theft or fraud complaint with the local PD.

These days the PD might just say its a civil matter, and dad or mom could get stuck holding the bag.

But, I suggest they visit their bank and discuss this with a bank manager or officer.

The bank may have some useful information that will help your parents.