Cristahl
Apr 5, 2008, 11:36 AM
STATE INDIANA :)
Ok, a long time friend of my fiancé came to us asking us to cash a check for him. He stated it was for his large truck. The transmission had gone out he prepaid for the labor and new parts found out it was being overcharged and when he asked for his money back they sent a check. Reasonable story, he didn't want to go to a check cashing plave because they wanted 700 to cash it so we said OK we'd help him out.
He from the past owed my fiancé money and stated after everything was said and done (day of deposit) that we could use 2000 towards the closing amount we needed for a house we were buying. Of course we fell for that bait and sinker.. and deposited the check in the amount of 4,875 and since I had a balance of 2000 already I gave him 1000 that day. I asked the teller about verifying funds and he said they couldn't do that which surprised me but the bank I used to have (first indiana) had just merged with M&I bank and I didn't know their policy's.
The following morning when the check was available according to the teller I gave him an additional 1,875.
That night about 3am I checked my email (am pregnant and pee in the middle of the night then can't go back to sleep) and see something from the back saying I need to call about fraudulent activity. I got worried called first thing in the morning and low and behold the check is fake. They advise me to go file a police report and I do right away. While I am filing the report so called friend calls me and when I tell him what's going on he informed me that the check was not from a car place but from a lottery he had won.. in the mail! Turns out a Nigerian scam. He had put the money in his moms account and whoever the Nigerian people were withdrew the money I gave him plus 4grand. She lives in detroit and us in indianapolis so it made sense that he didn't drive up there to cash it as he wasn't allowed to leave state. I was furious if I had known where the check came from I would NEVER had deposited it in my account.
Investigators wrote up a report etc and two weeks later inform me that the prosecutors office will not file on him because he didn't know the check was fake and I didn't know so if they file on him they have to file on me as well because I was the one to cash it even though he lied about where it came from.
Fastforward we've been trying to get him to pay for three weeks, he always has a I'll call you back tonight and bring what I come up with over. My car has been repo'd, my bank acct is minus over a grand and we almost lost our store because that was rent money (MIL let us borrow a grand) and may still if we can't get any money. At one point he had me running around for 3 hours meeting him with money that he had to get a cashiers check for to prove to his probation officer he paid us back then disappeared.
So I finally call his PO and find out she never even heard my name she know about his mother but not me?
Soo when I come up with the filing fees I am going to file in small claims court. I then want to garnish wages and assets (nice house and cars) how do I go about doing the leins on the assets I know to garnish I have to get the judgment first then file for garnishing at the small claims area. And can I sue his wife as well since I have a feeling she is part of the reason we're not getting any money back and since they are married? She has a much stabler job and I'd like to be able to garnish hers as well.
What other fees can I tack on due to losing my car (credit ruined) almost losing store, bank account etc?
Thanks a ton for any advice I know we made a stupid mistake and are paying for it I just want my money back and him to pay for his own mistake!
Ok, a long time friend of my fiancé came to us asking us to cash a check for him. He stated it was for his large truck. The transmission had gone out he prepaid for the labor and new parts found out it was being overcharged and when he asked for his money back they sent a check. Reasonable story, he didn't want to go to a check cashing plave because they wanted 700 to cash it so we said OK we'd help him out.
He from the past owed my fiancé money and stated after everything was said and done (day of deposit) that we could use 2000 towards the closing amount we needed for a house we were buying. Of course we fell for that bait and sinker.. and deposited the check in the amount of 4,875 and since I had a balance of 2000 already I gave him 1000 that day. I asked the teller about verifying funds and he said they couldn't do that which surprised me but the bank I used to have (first indiana) had just merged with M&I bank and I didn't know their policy's.
The following morning when the check was available according to the teller I gave him an additional 1,875.
That night about 3am I checked my email (am pregnant and pee in the middle of the night then can't go back to sleep) and see something from the back saying I need to call about fraudulent activity. I got worried called first thing in the morning and low and behold the check is fake. They advise me to go file a police report and I do right away. While I am filing the report so called friend calls me and when I tell him what's going on he informed me that the check was not from a car place but from a lottery he had won.. in the mail! Turns out a Nigerian scam. He had put the money in his moms account and whoever the Nigerian people were withdrew the money I gave him plus 4grand. She lives in detroit and us in indianapolis so it made sense that he didn't drive up there to cash it as he wasn't allowed to leave state. I was furious if I had known where the check came from I would NEVER had deposited it in my account.
Investigators wrote up a report etc and two weeks later inform me that the prosecutors office will not file on him because he didn't know the check was fake and I didn't know so if they file on him they have to file on me as well because I was the one to cash it even though he lied about where it came from.
Fastforward we've been trying to get him to pay for three weeks, he always has a I'll call you back tonight and bring what I come up with over. My car has been repo'd, my bank acct is minus over a grand and we almost lost our store because that was rent money (MIL let us borrow a grand) and may still if we can't get any money. At one point he had me running around for 3 hours meeting him with money that he had to get a cashiers check for to prove to his probation officer he paid us back then disappeared.
So I finally call his PO and find out she never even heard my name she know about his mother but not me?
Soo when I come up with the filing fees I am going to file in small claims court. I then want to garnish wages and assets (nice house and cars) how do I go about doing the leins on the assets I know to garnish I have to get the judgment first then file for garnishing at the small claims area. And can I sue his wife as well since I have a feeling she is part of the reason we're not getting any money back and since they are married? She has a much stabler job and I'd like to be able to garnish hers as well.
What other fees can I tack on due to losing my car (credit ruined) almost losing store, bank account etc?
Thanks a ton for any advice I know we made a stupid mistake and are paying for it I just want my money back and him to pay for his own mistake!