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 Post subject: Legal issues
PostPosted: Thu Oct 06, 2005 9:53 am 
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Joined: Thu Oct 06, 2005 7:05 am
Posts: 8
My husband has recently fallen victim to one of these scams... we have not reported it to anyone other than our bank in fear that he could be arrested. Is this a possibility? What do we do?


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 Post subject:
PostPosted: Sat Oct 08, 2005 2:19 am 
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Joined: Tue Sep 27, 2005 5:43 am
Posts: 61
Location: Israel
What do you mean 'one of these'?


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 Post subject: Re: Legal issues
PostPosted: Sun Oct 09, 2005 8:28 pm 
munchkin_19621 wrote:
My husband has recently fallen victim to one of these scams... we have not reported it to anyone other than our bank in fear that he could be arrested. Is this a possibility? What do we do?


Your bank is the one who could file the report with the authorities.


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 Post subject:
PostPosted: Mon Oct 10, 2005 7:18 am 
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Joined: Thu Oct 06, 2005 7:05 am
Posts: 8
Our bank is saying they are not liable for anything, even though they did call and confirm that the check we were sent was good and there was money in that account.


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 Post subject:
PostPosted: Mon Oct 10, 2005 10:32 am 
munchkin_19621 wrote:
Our bank is saying they are not liable for anything, even though they did call and confirm that the check we were sent was good and there was money in that account.


Was it a Qchex? Or a counterfeit?


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 Post subject:
PostPosted: Mon Oct 10, 2005 11:23 am 
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Joined: Thu Oct 06, 2005 7:05 am
Posts: 8
It was a regular bank check and our bank ran a check and confirmed that it was ok..


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 Post subject:
PostPosted: Mon Oct 10, 2005 7:42 pm 
munchkin_19621 wrote:
It was a regular bank check and our bank ran a check and confirmed that it was ok..


If it is "ok" then why was it returned


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 Post subject:
PostPosted: Tue Oct 11, 2005 7:09 am 
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Joined: Thu Oct 06, 2005 7:05 am
Posts: 8
That is what we are trying to figure out. We went ahead with everything on good faith that the bank provided us with true and accurate information. We feel that they should shoulder some of the responsibility for the incident.

They check on the validity of the check, and then wired the money out rather than waiting for the check to actually clear.


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 Post subject:
PostPosted: Tue Oct 11, 2005 12:32 pm 
What bank are you dealing with, and you must know the reason the check was returned.


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 Post subject:
PostPosted: Tue Oct 11, 2005 12:49 pm 
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Joined: Thu Oct 06, 2005 7:05 am
Posts: 8
We are dealing with a credit union. When we presented them with the original check... they made verification that the check was good, and there was money in the account.... they then wired the money over to where it was to go...

When they tried to do the transfer to get the money from the check... they said it wasn't good... It is very confusing... at any rate.. the bank cleared the check, wired the money over before waiting for the transfer of money to come in... now we are held responsible for the full amount...
I think they should have some partial responsibility in this since we took their word for the check being good... We know we need to sholder some of this ... but they should also be liable.


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 Post subject:
PostPosted: Tue Oct 11, 2005 4:42 pm 
munchkin_19621 wrote:
We are dealing with a credit union. When we presented them with the original check... they made verification that the check was good, and there was money in the account.... they then wired the money over to where it was to go...

When they tried to do the transfer to get the money from the check... they said it wasn't good... It is very confusing... at any rate.. the bank cleared the check, wired the money over before waiting for the transfer of money to come in... now we are held responsible for the full amount...
I think they should have some partial responsibility in this since we took their word for the check being good... We know we need to sholder some of this ... but they should also be liable.


Did a representative from the bank tell you explicitly that the check was good? If so you should retain an attorney, if you took it for granted they verified the check, you are responsible for the total amount.


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 Post subject:
PostPosted: Wed Oct 12, 2005 6:51 am 
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Joined: Thu Oct 06, 2005 7:05 am
Posts: 8
yes... the teller took it to her manager... who in turn said the check was good..and to go ahead and wire the money


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 Post subject:
PostPosted: Wed Oct 12, 2005 9:07 am 
munchkin_19621 wrote:
yes... the teller took it to her manager... who in turn said the check was good..and to go ahead and wire the money


Get a lawyer, but first get the name of the teller and the bank manager. See if the credit union has a fraud department, tell them that you were told "explicitly" by whom and when that the check had been verified. You may be able to scare them into helping you, it is worth a try. If tthat scare tactic does not work, get your lawyer involved.


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 Post subject:
PostPosted: Wed Oct 12, 2005 9:18 am 
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Joined: Thu Oct 06, 2005 7:05 am
Posts: 8
thanks for the advice... We meet with our Lawyer on Friday..


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