Consumer Fraud Personal Check Fraud

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ariel2990

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I recently deposited a check into my account for someone that I know. They told me that they had recently done some work for a woman who had just bought a house and she wanted to pay him with a check. He didn't have an account at a bank and asked if I could deposit it for him and just give him the money once it cleared. I went to check my account and saw that there had been a stop payment on the check and that my account was debited for the amount of the check. Now I have to pay the bank back the amount for the check and I can't get in contact with this person. So it's starting to look like the woman's checks were stolen and he in turn wrote the check off her account for me to deposit, meaning that we both were scammed by him. I have no idea how he got ahold of her checks. What I need to know is are there any legal ramifications for me because I deposited the check believing that it was truly legit and written by this woman?:confused:
 
When the check is returned to the account holder it is possible you may be visited by law enforcement soon after. You do not have to speak with them if they come asking questions, but don't be surprised if they suspect you of having stolen the checks if they were in fact stolen.

It seems suspicious that you would agree to cash a check for someone who you do not know well enough to get in touch with. That implies that you may have suspected something about the check. The police will want to ask you many questions. I suggest you tell them you do not want to answer any questions before consulting with an attorney.

If you are lucky they will not come looking for you.
 
You indicated the scammer asked you to deposit the check into your account. You went on to state that he agreed to wait until the check cleared your account before you gave him the funds.


This is the way you phrased in your top post: He didn't have an account at a bank and asked if I could deposit it for him and just give him the money once it cleared.
Click to expand...


If that is the case, how are you out anything over $30-50 for bounced check fees charged by your bank?
 
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That's what I'm not sure about because the check cleared and I was able to give him the money, but two days later I get a notification from my bank saying there was a stop payment on the check and that my account had been debited the amount of the check. I called my bank today and the woman said I should recieve the check along with documentation by next week describing what happened. I explained to the woman on the phone what occured and she said that she would make a note of it in my account. So now I don't know whether to go up to a branch and speak to a personal banker or go file a police report, but I don't have an address for him to do so. I was genuinely trying to do something nice for this person believing they needed my help and I was taken advantage of and left with the fallout.
 
The OP didn't say it clearly, but I believe the money was paid to the other party before he learned of the stop payment. With today's banking, I think many people do not understand that it takes several days at least for a check to clear even though the bank makes funds available imediately.
 
The check hadn't cleared. Your bank gave you the money because you had been a good customer in the past.

You don't need an account to receive the proceeds of a check made out in your name. All he needed to do was take the check to the bank on which the check was drawn. That bank is required to cash the checks of their depositors.

If I were you, I'd file a police report. I'd provide them documentation as I receive it.

You might want to visit a branch of your bank tomorrow to collect more information. I'd ask the bank to provide me a letter indicating what happened.

You also need to get the money to repay the bank. Or, make arrangements to pay it off, of you're short of funds. The bank is gonna want the money back in a week or two.
 
Well thank you mightymoose for your help, because I honestly don't know where to go from here. I do know I am going to go ahead and pay the money back and talk to a pb and maybe someone at the police station to see if I can file a report.
 
Thanks army judge, I'll definitely go to one of the branches and try to file a police report, hopefull there's something they can do for me.
 
Well if you are willing to give up your "friend" then certainly do make a police report before they come looking for you.
In my experience, even though they have been completely hosed, most people don't want to report against their friends.
I don't see a way for you to get this money back. It is gone for good.
 
Yeah I realize the money is gone and unfortunaley I'm going to have to pay it back, I'm just hoping that there won't be any type of legal ramifications with the police for me. But I will definitely be visiting my bank and the police station tomorrow to see what can be done.
 
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