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| Any banking laws protect me? http://www.scamvictimsunited.com/phpBB2/viewtopic.php?f=10&t=1813 |
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| Author: | bunnapaige [ Mon Jul 31, 2006 8:51 am ] |
| Post subject: | Any banking laws protect me? |
So I posted a few weeks ago about being the victim of a check overpayment scam for a online ad I had posted to sell a wedding dress. I went into the branch to cash the check, was told by the teller that he would fax a copy to the other bank to verify the authenticity. Within minutes he said it was fine and I cashed the check and wired the the balance to the scammer. After receiving threatening emails from the scammer asking for more money I did some research and relaized I had been scammed. I immediately called my bank and alerted them about the fake check. I was told by the bank manager that she would investigate it and get back to me. She never called me back. Friday I received a letter from the bank saying I have 7 days to repay the $5500 for the fake check. I just called the Loss Dept # listed on the letter from the bank. Not only did they have no record that this was a fake check scam but they also couldn't find an electronic version of the check. I asked how it was possible for the teller to have verified the check with the other bank and she told me I needed to call the bank manager and discuss this. Before I call the original bank mgr. back does anyone know more info on Check 21 or Midnight banking Laws? It seems like the bank should have some liability in my case and the teller told me he verified the check with the bank in Texas. Please help!!!! |
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| Author: | admin [ Mon Jul 31, 2006 11:10 am ] |
| Post subject: | |
check out http://caselaw.lp.findlaw.com/nycodes/c122/a29.html for more on the Midnight Law, but basically if you can PROVE that your bank knew that the check was counterfeit and did not contact you within 24 hours, you might have something you can really fight them on. Quote: It seems like the bank should have some liability in my case and the teller told me he verified the check with the bank in Texas
I agree, but the sad fact is that "verified" in banking terms does not mean that the check has cleared and it good . . . it just means that the money is available for you to use. Unless you have something in writing from that teller you are in the same boat we were when we became victims. Have you talked to a lawyer yet? If you live in Minnesota, contact me privately and I will send you the contact information for a wonderful lawyer. If you live in a state other than Minnesota, or if you would like to look into the possibility of a civil or even class action suit against the bank, please contact Jim at The National Center for Victims of Crime 2000 M Street NW, Suite 480 Washington, DC 20036 1-800-FYI-CALL http://www.ncvc.org Once we had a lawyer our case progressed a lot faster and we were able to come to a out of court settlement with our former bank. |
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| Author: | bunnapaige [ Mon Jul 31, 2006 11:14 am ] |
| Post subject: | Lawyers -what kind of fees are we talking about? |
I am in Georgia. as far as retaining a lawyer, since I would just be fighting the bank not to pay the $5500 back would any lawyer take it on contingency or would i have to pay out of pocket - I dont have the means to do that. |
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| Author: | admin [ Mon Jul 31, 2006 11:21 am ] |
| Post subject: | Re: Lawyers -what kind of fees are we talking about? |
bunnapaige wrote: as far as retaining a lawyer, since I would just be fighting the bank not to pay the $5500 back would any lawyer take it on contingency or would i have to pay out of pocket - I dont have the means to do that.
We were fighting our former bank over an amount that was only about $2000 more than what you are looking at. Our lawyer only asked for a $500 fee up front and then the rest came once a settlement was agreeded apon, so yes, it is possible to find someone who will do the work before you have to pay the whole amount. The National Center for Victims of Crime has a network of lawyers who either have worked these types of cases in the past, or who have said that they would be willing to do so. Give them a call . . . what can it hurt? Ask for Jim 1-800-FYI-CALL http://www.ncvc.org |
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| Author: | armac [ Mon Jul 31, 2006 5:47 pm ] |
| Post subject: | |
Check 21 nor the midnight rule would pertain to your case |
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