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    DJGQ's Avatar
    DJGQ Posts: 6, Reputation: 1
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    #1

    Oct 7, 2013, 01:05 PM
    Unsolicited check
    I received a $5,000 payroll check in the mail from a company I have never heard of. It showed up via Fedex, addressed properly to me. It seemed suspect, so I called the issuing bank to verify the account was real and the funds were available. The bank informed me that this was in fact a valid account and the funds were there. I'm still a little skeptical to be honest though. If something is too good to be true, it usually is, right? So, although the check feels and appears real, watermark intact and the bank has verified it's authenticity over the phone, I've read plenty of horror stories about things like this and I don't want to end up paying a fine or worse in jail. I've read about these scams and usually there are instructions or something else enclosed in the envelope for paying the sender back. It doesn't make much sense but this is NOT my case. I have received nothing aside from the check. I've read about other cases, where the scammer is only trying to get you to cash the check, so they can steal your bank info when the check is returned. For that reason, I would never even consider depositing it in my account and risk them stopping payment. However, I could probably avoid that altogether by just cashing it at the issuing institution. So, could this really be a gift from above? Or a pay it forward kind of thing? One could only hope. My question to you is, if I attempted to walk in and cash this check at the issuing institution, could I be escorted out in handcuffs? Even though it's made out to me and appears to be valid, am I committing a crime by even trying to cash it? If they do cash it, could I be held responsible down the road for someone's accounting error? If I am in fact held responsible for the money, could I be imprisoned for refusal to pay it back? Any insight you could provide would be greatly appreciated. Q (Miami, FL)
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #2

    Oct 7, 2013, 01:09 PM
    Why would anyone send you $5,000?

    You KNOW it was a bank you called -- or someone pretending to be a bank?
    DJGQ's Avatar
    DJGQ Posts: 6, Reputation: 1
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    #3

    Oct 7, 2013, 01:11 PM
    To be honest, I'm hoping this is God answering my prayers! Aside from that, I have no idea why I got this check... Thus, my suspicion. It is a SunTrust check, so I called the 800 number listed for SunTrust on Google.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 7, 2013, 01:21 PM
    First, its not a good idea to piggyback your question on someone else's thread. To avoid confusion I've moved your post to its own thread.

    This check was made out to you? You are not familiar with the company and have no idea why they are sending you money? And why have you not contacted the company and asked them why they sent you $5K?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Oct 7, 2013, 01:23 PM
    If you didn't work for this company then have you tried calling them to make them aware of the mistake? Also there are times when a check might show up and it is a valid one addressed to you but it is actually a loan. The interest rate is out of this world. By cashing it then it completes the contract.

    If it were me I would call the company and find out what is really going on. This can also be part of identity fraud.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 7, 2013, 01:31 PM
    Please don't post the same question multiple times. I've merged and cleaned up your thread.

    But the real question is why did you call the bank and not the company?
    DJGQ's Avatar
    DJGQ Posts: 6, Reputation: 1
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    #7

    Oct 7, 2013, 01:36 PM
    I have not attempted calling the company because if it is in fact an accounting error that could result in my gaining $5,000, who am I to correct them? Would you really call to ask why someone sent you $5,000? Personally, if it's legal, I would prefer to collect first and ask questions later, no? How can it be fraud, if the check is legit and made out to me?
    DJGQ's Avatar
    DJGQ Posts: 6, Reputation: 1
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    #8

    Oct 7, 2013, 01:38 PM
    Quote Originally Posted by cdad View Post
    If you didnt work for this company then have you tried calling them to make them aware of the mistake? Also there are times when a check might show up and it is a valid one addressed to you but it is actually a loan. The interest rate is out of this world. By cashing it then it completes the contract.

    If it were me I would call the company and find out what is really going on. This can also be part of identity fraud.

    If it were a loan, wouldn't that have to be stipulated in writing somewhere? All I got was a check in an envelope. And if the issuing bank says the check is good, is it my responsibility to check w/ the writer of the check? Is it a crime if I don't?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #9

    Oct 7, 2013, 01:40 PM
    Quote Originally Posted by DJGQ View Post
    I have not attempted calling the company because if it is in fact an accounting error that could result in my gaining $5,000, who am I to correct them? Would you really call to ask why someone sent you $5,000? Personally, if it's legal, I would prefer to collect first and ask questions later, no? How can it be fraud, if the check is legit and made out to me?
    Didn't you mention it was a payroll check? By cashing it then it could be fraud if you haven't worked for them. Also it could be part of identity fraud. Someone could be using your name for all kinds of things.

    Would you be singing the same toon if the police picked you up because a computer spit your name out for having a warrant? Of course not. This is really no different. You need to get to the truth of the matter.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #10

    Oct 7, 2013, 01:41 PM
    Quote Originally Posted by DJGQ View Post
    If it were a loan, wouldn't that have to be stipulated in writing somewhere? All I got was a check in an envelope. And if the issuing bank says the check is good, is it my responsibility to check w/ the writer of the check? Is it a crime if I don't?
    Yes its your resposnibility to do both.
    DJGQ's Avatar
    DJGQ Posts: 6, Reputation: 1
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    #11

    Oct 7, 2013, 01:50 PM
    Quote Originally Posted by cdad View Post
    Yes its your resposnibility to do both.
    Thank you for your timely responses... Wise and well informed. Perhaps reason shall prevail...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Oct 7, 2013, 01:50 PM
    Yes it is your responsibility to check. If it is an error and you cash the check, while you may not be prosecuted for fraud, you will have to reimburse the amount.

    There is a reasonableness doctrine at play here. A reasonable man would check with the company that issued the check if they were unaware of why they received it. A court would not look favorably on your not doing so.
    DJGQ's Avatar
    DJGQ Posts: 6, Reputation: 1
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    #13

    Oct 7, 2013, 01:54 PM
    Quote Originally Posted by ScottGem View Post
    Yes it is your responsibility to check. If it is an error and you cash the check, while you may not be prosecuted for fraud, you will have to reimburse the amount.

    There is a reasonableness doctrine at play here. A reasonable man would check with the company that issued the check if they were unaware of why they received it. A court would not look favorably on your not doing so.
    Very well said, Scott. I appreciate all the input...

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