Fraud, Embezzlement, Bad Checks fake check cashing scam, obligation to repay and recourse

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molovins

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So my friend, I'll call her Betty, thought she would help out another friend, Dee, and cash a check for them, since Dee was young and apparently didn't have a bank account (?). Betty took the check to her bank, asked if it was legitimate and proceeded to cash the check for $3000. The bank, of course, cashed the check. A few days later, the check came back as fraudulent (I think they had received it in the mail, one of those scams). At that point, Betty became liable for the debt to the bank. Initially, she thought Dee would reimburse her when Dee gave Betty $200 and apologized for the mix-up. Of course, she hasn't heard from them since. Betty feels like such a fool and has yet to proceed with any type of legal action. However, it's been a couple of years now and she's looking to straighten her credit for the future.

I suggested she file a claim in civil court against Dee. In the beginning, there was an investigator but he dropped interest when Dee paid the $200, thinking she would continue to pay the debt. My friend is confused as to what to do. She feels that Dee won't pay it anyway. I suggested she file a suit against Dee. Betty is worried that she's still liable for the debt herself, even if a court rules in her favor. She has trouble opening a bank account, but has one with a credit union. I'm trying to help her think this through and make forward progress. We're going to run a credit report for Betty tomorrow. Any guidance you may offer is greatly appreciated.

Should Betty file a civil suit or something else? Is she, alone, liable for the debt even though the check was written by and to another person? One of those 'cash this check' scams sent in the mail. If the court rules in Betty's favor, will Dee have to pay the debt within a reasonable amount of time or will it simply look bad on her credit? Is there a statute of limitations in Ohio to file a suit? Will the debt expire over time? I seriously doubt that Dee has any property to lien on.

Thanks a bunch for any insight you may offer. Yeah, that was a dumb choice my friend made to cash that check for some other dummy.
 
So my friend, I'll call her Betty, thought she would help out another friend, Dee, and cash a check for them, since Dee was young and apparently didn't have a bank account (?). Betty took the check to her bank, asked if it was legitimate and proceeded to cash the check for $3000. The bank, of course, cashed the check. A few days later, the check came back as fraudulent (I think they had received it in the mail, one of those scams). At that point, Betty became liable for the debt to the bank. Initially, she thought Dee would reimburse her when Dee gave Betty $200 and apologized for the mix-up. Of course, she hasn't heard from them since. Betty feels like such a fool and has yet to proceed with any type of legal action. However, it's been a couple of years now and she's looking to straighten her credit for the future.

I suggested she file a claim in civil court against Dee. In the beginning, there was an investigator but he dropped interest when Dee paid the $200, thinking she would continue to pay the debt. My friend is confused as to what to do. She feels that Dee won't pay it anyway. I suggested she file a suit against Dee. Betty is worried that she's still liable for the debt herself, even if a court rules in her favor. She has trouble opening a bank account, but has one with a credit union. I'm trying to help her think this through and make forward progress. We're going to run a credit report for Betty tomorrow. Any guidance you may offer is greatly appreciated.

Should Betty file a civil suit or something else? Is she, alone, liable for the debt even though the check was written by and to another person? One of those 'cash this check' scams sent in the mail. If the court rules in Betty's favor, will Dee have to pay the debt within a reasonable amount of time or will it simply look bad on her credit? Is there a statute of limitations in Ohio to file a suit? Will the debt expire over time? I seriously doubt that Dee has any property to lien on.

Thanks a bunch for any insight you may offer. Yeah, that was a dumb choice my friend made to cash that check for some other dummy.


Betty is responsible for the bad check as the holder in due course.

It may even be too late for Betty to sue the scammer.

She can try to sue her in small claims suit, but that's usually a waste.

If she should prevail, she'll only have a judgement upon which she'll have to TRY and collect.

The scammer is likely not in a good financial position, either, so suing might not help.

Betty might be forever left holding an empty bag.
 
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