[Sherry Chen]

Dear lawyer,

I am from a low income family and take care 2 young kids by myself, one is 12-year old and another is 6-year-old. Every month I worked hard, but only $30 to $120 dollars left, and I owed a lot of money from credit card Company, but I had to change my job to a part time job and take care my kids while they were at home after school, that’s why I send out my resume from web site to looking for one more home work job.

At the end of June, somebody respond to me said he need a part time worker to work as a bookkeeper and receive the payment from his customers, and deduct 10% of the total amount of the money, and send the rest to him. I thought maybe I could use $30 - $60 dollars to try, I just need to confirm from bank. If the banker tells me it is a real money order, that will be good news for my family, but if the banker says it is fake, all I lost it is only $30-$60 dollars for return check fee.

On August 2, 2007, I deposit $2,900 worth of money order into my checking account. On August 3, 2007, I called the bank to see when I can withdraw that money. The male banker told me I was able to cash it anytime; however in reality the money order was not cleared. It was a complete miscommunication. The banker's answers lead me into thinking that the money order was clear. So on Saturday (August 4th) I had time to cash sent the money out.

This time, if the banker didn’t tell me I could cash anytime then I would not have send the money out; and all I would have lost will be only $30 to $60 dollars for returned check fee, If I didn’t call to confirm then all it is my problem; but I if I call to confirm and the banker give me the wrong information and let me lose the money; that is the bank’s fault. Because the banker was not knowledgeable about the situation, he should not have just told me that the money order can be cashed anytime to lead me make up the wrong decision.
For this case, I felt very uncomfortable and sick again. Could you help me to resolve this case?
I really need your help!

Thanks a lot

Sherry

[slowandeasy]

Hello sherry

You were scammed, no it is not the banks fault, fake checks and money orders are on the rise, sometimes the bank has to wait to see if the check is good. If you took that money out and the check was bogus then you are the one responsiblie. Sometimes it takes a month to find out the check is bad if you spend it then you will have to repay the bank

I am not a lawyer just here to help give advise

[Fr_Chuck]

This is not the banks fault, the company you were "cashing" checks for was a fake and they gave you fake checks. You will actually owe the bank back the 1000's of dollars you sent them. So you are actually worst off than you realise. I still find it hard ( sorry) that anyone would fall for this scam. First it is the number one scam out there, just goggle it andyou will find 1000's of pages on it. It has been shown on Opra and major news shows.

Next most people should know that there are real bonded and insured companies that do collections for as little as 2 percent so no one is going to pay 10 percent as a "bookkeeping fee".

So you had better get a 2nd job at McDonalds or someone and start paying the bank back, in some areas if you don't, they will soon be pressing criminal charges against you also.

[ScottGem]

As noted you were scammed. A banker's verbal OK was not sufficient and not binding.

You need to report this to the police ASAP and hope that the bank doesn't prosecute you for fraud.

As Chuck said this is a well publicized scam and I also find it hard that anyone would fall for it.