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    ConfusedInAK's Avatar
    ConfusedInAK Posts: 184, Reputation: 16
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    #21

    Sep 6, 2008, 11:22 PM
    My point exactly! IT'S WAY MORE THAN $175!!

    But thank you kindly for the little red mark against me ;)

    That was sweet
    helpmeb4Idie's Avatar
    helpmeb4Idie Posts: 19, Reputation: 1
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    #22

    Sep 7, 2008, 12:39 AM
    Quote Originally Posted by ConfusedInAK
    My point exactly! IT'S WAY MORE THAN $175!!!

    But thank you kindly for the little red mark against me ;)

    That was sweet
    Hello ConfusedInAK

    It seems like you're saying if a person commits a bigger crime they'll wait a longer time to go after the person. I think it's the total opposite. You had a ticket that was under $200 the only reason it probably took so long is there are people owning much more than you. I mean it makes a lot more sense to me to collect from the people owning more first. I appreciate your response I just disagree because your situation is totally different than mine.
    ConfusedInAK's Avatar
    ConfusedInAK Posts: 184, Reputation: 16
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    #23

    Sep 7, 2008, 09:49 AM
    That's not what I am saying... but maybe things happen different in Canada than they would in the US...

    With larger amounts of money (especially money that is no longer in your possession), they have to build a case. And after building a case against you, if they win, then they can seize your assets, etc.

    Example: in 2001 my boyfriend found out his accountant never paid his taxes for 1998, 1999 or 2000 and took off with the money. Of course the IRS was aware of this but they had to build a case, check documentation, etc.

    In 2003, they levied his bank account and took everything in it as well as garnish his pay check.

    He only owed them $15,000...

    What I am trying to express to you, is that at least here... cases have to be built against the person charged with fraud/owing money. They must go to court, notify you that you are being taken to court, etc. All of this takes time. It is not typically an instantaneous thing that a bank can collect $100K back from the person who accidentally took it out of the account.

    You told them you don't have it, they know it's not in the account that you have with them.

    If it had of been left in the account and not withdrawn, then I can almost guarantee you they would have just yanked it back out of your account and given you a letter of explanation.

    But it's gone... and now it probably doesn't look like an accident.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #24

    Sep 7, 2008, 12:05 PM
    Quote Originally Posted by helpmeb4Idie
    Btw the follow is the last paragraph of a letter I received from a law firm representing the bank

    The aforesaid sums total $98,173.81 exclusive of interest. Unless same, together with interest is paid within ten (10) days of this letter, legal proceeding will be instituted against you without further notice

    The letter is dated Nov 8 2006
    I would suggest you check the Statute of Limitations for your area. I can't explain why they have not pursued you. There may be extenuating circumstances we are not aware of. But if they don't charge you within a certain amount of time, they may lose the ability to do so.

    I am surprised that they haven't. It appears you essentially stole this money. You knew it wasn't yours yet you withdrew it anyway. Because of that, I don't feel good about helping you, but the SOL may be your salvation here.
    helpmeb4Idie's Avatar
    helpmeb4Idie Posts: 19, Reputation: 1
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    #25

    Sep 7, 2008, 05:50 PM
    Quote Originally Posted by ScottGem
    I would suggest you check the Statute of Limitations for your area. I can't explain why they have not pursued you. There may be extenuating circumstances we are not aware of. But if they don't charge you within a certain amount of time, they may lose the ability to do so.

    I am surprised that they haven't. It appears you essentially stole this money. You knew it wasn't yours yet you withdrew it anyway. Because of that, I don't feel good about helping you, but the SOL may be your salvation here.

    No I did not steal the money if that was the case I would still have it. The Bank knows I was duped and I actually know person that had my account information. The problem is she gave it to someone else, that I don’t know, they made the deposit. I been trying since the time it happened to find anyone of these people with no luck. The checks that were deposited into my account were not counterfeit there was just a stop payment on after they were deposited. IF you were helping you would be giving advice how to find the people that duped me. It’s very simple if I had the money I would just give it back. The people that played me for a fool have it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #26

    Sep 7, 2008, 06:19 PM
    Bank and police don't reallly care, sad truth, they have you, and will send you to jail. So you go get an attorney, and they see if they can work out a deal.

    The truth of the matter, so you were cheated by others, that is your problem, ( don't mean to sound rude but you don't seem to accept the plain facts) the bank does not care about the other person, the bank does not care about the stop payments, and the bank does not care who or where the money went. They have you, and it went though YOUR bank account, and they want you to get their money or pay them back. So you had better be getting an attorney and sueing the other people if you know where the money went.

    If you want advice on how to find the other people, that is antoher question, the question here is what can happen, and basically you can most likely get a civil judgement against you, and maybe go to jail, So you need an attorney and need one fast.
    helpmeb4Idie's Avatar
    helpmeb4Idie Posts: 19, Reputation: 1
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    #27

    Sep 7, 2008, 07:34 PM
    Quote Originally Posted by Fr_Chuck
    Bank and police dont reallly care, sad truth, they have you, and will send you to jail. So you go get an attorney, and they see if they can work out a deal.

    The truth of the matter, so you were cheated by others, that is your problem, ( don't mean to sound rude but you don't seem to accept the plain facts) the bank does not care about the other person, the bank does not care about the stop payments, and the bank does not care who or where the money went. They have you, and it went though YOUR bank account, and they want you to get thier money or pay them back. So you had better be getting an attorney and sueing the other people if you know where the money went.

    If you want advice on how to find the other people, that is antoher question, the question here is what can happen, and basicly you can most likely get a civil judgement against you, and maybe go to jail, So you need an attorney and need one fast.

    There is a civil judgment against me last year the following is an example of what is on my credit report

    Public Records
    Legal Item #******
    Reported: 02/08/2007
    Revised 06/05/2007
    Satisfied:
    Type: Judgment
    Original: 100K
    Balance: -$1
    Plaintiff Bank
    Third Party:
    Status
    Remarks: Balance not available from credit grantor
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #28

    Sep 7, 2008, 07:43 PM
    Yes, so if they have not already started a garnishment of your pay, they can, The judgement held you liable, legally, with that, did you use or try any defense at that trial.
    helpmeb4Idie's Avatar
    helpmeb4Idie Posts: 19, Reputation: 1
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    #29

    Sep 7, 2008, 08:41 PM
    Quote Originally Posted by Fr_Chuck
    Yes, so if they have not already started a garnishment of your pay, they can, The judgement held you liable, legally, with that, did you use or try any defense at that trial.


    I appreciate all the feed back I've been getting, even though I don't agree with it all. The one thing I know for sure is I have a major debt. Whether the bank wants to sue me for fraud is my main concern. But I doubt they will because they would have to prove that I knew the checks would be returned or they would have to prove that I have the money. I have all the documents showing where the money went. And the bank is only concerned with getting the money back so by them suing for fraud won't do that. All the money I had before those checks were deposited were in the same bank, that was the only bank I dealt with so I have absolutely nothing, I feel like I've been rapped.
    I'm not the smartest guy, as you can see by the situation I'm in. But many of you don't seem to understand the meaning of fraud
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #30

    Sep 8, 2008, 05:06 AM
    Quote Originally Posted by helpmeb4Idie
    No I did not steal the money if that was the case I would still have it. The Bank knows I was duped and I actually know person that had my account information. The problem is she gave it to someone else, that I don't know, they made the deposit. I been trying since the time it happened to find anyone of these people with no luck. The checks that were deposited into my account were not counterfeit there was just a stop payment on after they were deposited. IF you were helping you would be giving advice how to find the people that duped me. It's very simple if I had the money I would just give it back. The people that played me for a fool have it.

    I think you should be talking to an Attorney about this - as this has played out the situation has changed.

    I see you being charged with fraud as well as conspiracy.

    And it's not all that simple - you were a party in this. You are responsible. I find it difficult to believe that you gave these funds to "people" you don't know or can't find.

    Yes, it's Attorney time.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #31

    Sep 8, 2008, 05:08 AM
    Quote Originally Posted by helpmeb4Idie
    I appreciate all the feed back I’ve been getting, even though I don’t agree with it all. The one thing I know for sure is I have a major debt. Whether the bank wants to sue me for fraud is my main concern. But I doubt they will because they would have to prove that I knew the checks would be returned or they would have to prove that I have the money. I have all the documents showing where the money went. And the bank is only concerned with getting the money back so by them suing for fraud won’t do that. All the money I had before those checks were deposited were in the same bank, that was the only bank I dealt with so I have absolutely nothing, I feel like I’ve been rapped.
    I'm not the smartest guy, as you can see by the situation I’m in. But many of you don’t seem to understand the meaning of fraud


    I think we do agree with you on the meaning of fraud.

    What we don't agree with you on is who committed the fraud.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #32

    Sep 8, 2008, 05:44 AM
    Quote Originally Posted by helpmeb4Idie
    Whether the bank wants to sue me for fraud is my main concern. But I doubt they will because they would have to prove that I knew the checks would be returned or they would have to prove that I have the money. I have all the documents showing where the money went. And the bank is only concerned with getting the money back so by them suing for fraud won’t do that. All the money I had before those checks were deposited were in the same bank, that was the only bank I dealt with so I have absolutely nothing, I feel like I’ve been rapped.
    I'm not the smartest guy, as you can see by the situation I’m in. But many of you don’t seem to understand the meaning of fraud
    I'm getting very confused here as your story seems to be a moving target. At one point you say you asked the bank who deposited the checks. But you say you gave the money to someone else who has now disappeared.

    Either you are a thief or incredibly foolish.

    But the bottomline here is what you did with the money is your own business. The bank only knows and cares you you withdrew the money. They do NOT need to prove that you have the money only that you withdrew it. I don't think they need to prove that you knew the checks would bounce.

    But if they have sued you and obtained a judgement then its unlikley they will now pursue criminal charges.
    helpmeb4Idie's Avatar
    helpmeb4Idie Posts: 19, Reputation: 1
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    #33

    Sep 8, 2008, 07:32 AM
    Quote Originally Posted by ScottGem
    I'm getting very confused here as your story seems to be a moving target. At one point you say you asked the bank who deposited the checks. But you say you gave the money to someone else who has now disappeared.

    Either you are a thief or incredibly foolish.

    But the bottomline here is what you did with the money is your own business. The bank only knows and cares you you withdrew the money. They do NOT need to prove that you have the money only that you withdrew it. I don't think they need to prove that you knew the checks would bounce.

    But if they have sued you and obtained a judgement then its unlikley they will now pursue criminal charges.
    Like said before I didn't steal the money and yes in this situation I was incredibly foolish. But what I’m telling you is only the reader digest version I think it took the people that duped me a more than 18 months for this to happen.

    And remember another users comment about banking procedure was completely wrong at least in Canada. I’d like to see anyone with a balance of $2000 dollars and an average credit have their bank release a $35000 check into their account two days after was deposited.

    I said before I believe there was also someone within the bank working against. The bank has cameras and it’s very easy to match the time on the camera and the time of the deposit to at least get a picture of the person that made the deposit. But yet they refuse to release this information to me, I wonder why?

    Another thing that is very strange is every time I do any type of transaction at the bank they always require me to swipe my bank card and enter my PIN and a few times I didn't have my bank card they asked me for ID; I wonder how this person was able deposit the checks at my branch with either?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #34

    Sep 8, 2008, 07:52 AM
    Hello again, helpme:

    The Nigerian check scam works because they can't ever find the guy who wrote the checks...

    However, YOUR check scam had some REAL person deposit the checks, and then a REAL person got the money from you. Has that person been arrested?

    You keep on blaming the bank, but I don't know why. They have NO responsibility to insure the checks that are deposited are good. That's NONE, as in IT'S NOT THEIR FAULT that you got taken. IF there IS somebody in the bank whose a crook, the guy who you gave the money to should be able to tell them exactly who it is. But HE doesn't need an accomplice - he's got YOU.

    However, this has NOTHING to do with YOU and YOUR liability to the bank. You want to know if YOU can be charged?? Ask the cop who you told who got the money. I'm sure he investigated. If the cop thinks YOU did something, I'm sure he'll tell you. Nobody wants to keep secrets here - except maybe YOU. Why don't you want to tell us who HAS the money??

    Filing bankruptcy has NOTHING to do with whether you'll be charged. NOTHING!!

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #35

    Sep 8, 2008, 08:00 AM
    Quote Originally Posted by helpmeb4Idie
    I said before I believe there was also someone within the bank working against. The bank has cameras and it’s very easy to match the time on the camera and the time of the deposit to at least get a picture of the person that made the deposit. But yet they refuse to release this information to me, I wonder why?

    Another thing that is very strange is every time I do any type of transaction at the bank they always require me to swipe my bank card and enter my pin number and a few times I didn't have my bank card they asked me for ID; I wonder how this person was able deposit the checks at my branch with either?
    I'm still confused. According to you, someone deposited checks in your account totally unbeknownst to you. You then withdrew this money and handed it over to someone stranger. This goes beyond foolish.

    As to the banks handing over the tapes, that would only be done by subpeona in a criminal case.

    As to allowing for a depost without your pin or card, why would someone deposit money in someone else's account?
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #36

    Sep 8, 2008, 08:15 AM
    Quote Originally Posted by helpmeb4Idie
    Like said before I didn't steal the money and yes in this situation I was incredibly foolish. But what I’m telling you is only the reader digest version I think it took the people that duped me a more than 18 months for this to happen.

    And remember another users comment about banking procedure was completely wrong at least in Canada. I’d like to see anyone with a balance of $2000 dollars and an average credit have their bank release a $35000 check into their account two days after was deposited.

    I said before I believe there was also someone within the bank working against. The bank has cameras and it’s very easy to match the time on the camera and the time of the deposit to at least get a picture of the person that made the deposit. But yet they refuse to release this information to me, I wonder why?

    Another thing that is very strange is every time I do any type of transaction at the bank they always require me to swipe my bank card and enter my pin number and a few times I didn't have my bank card they asked me for ID; I wonder how this person was able deposit the checks at my branch with either?
    Let me see if I have this straight. You go to the bank one day and find out that $100K has mysteriously appeared in your account. You have no idea where the money came from. So, instead of asking to talk to someone at the bank about where this large sum of money came from, you withdraw it. And then you give the 100K to some stranger that you now can't find? If that's the actual situation, the minute you withdrew the 100K, knowing that it shouldn't have been there, is when you committed theft.
    helpmeb4Idie's Avatar
    helpmeb4Idie Posts: 19, Reputation: 1
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    #37

    Sep 8, 2008, 08:26 AM
    Quote Originally Posted by ScottGem
    I'm still confused. According to you, someone deposited checks in your account totally unbeknownst to you. You then withdrew this money and handed it over to someone stranger. This goes beyond foolish.

    As to the banks handing over the tapes, that would only be done by subpeona in a criminal case.

    As to allowing for a depost without your pin or card, why would someone deposit money in someone else's account?

    That’s correct someone I didn't know deposited the money. Basically I was told the funds would be wired to my account from someone I did know (fraudster#1) she then gives my account info to the person I don’t know (fraudster#2) who makes the deposit. I know it goes beyond foolish but it happened and not only to me. And to answer your last question

    “As to allowing for a deposit without your pin or card, why would someone deposit money in someone else's account?”

    Like I said my bank always asked me for my bankcard or ID when making a transaction

    And now I know why someone would put money in someone else’s account.
    helpmeb4Idie's Avatar
    helpmeb4Idie Posts: 19, Reputation: 1
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    #38

    Sep 8, 2008, 08:35 AM
    Quote Originally Posted by excon
    Hello again, helpme:

    The Nigerian check scam works because they can't ever find the guy who wrote the checks........

    However, YOUR check scam had some REAL person deposit the checks, and then a REAL person got the money from you. Has that person been arrested?

    You keep on blaming the bank, but I dunno why. They have NO responsibility to insure the checks that are deposited are good. That's NONE, as in IT'S NOT THEIR FAULT that you got taken. IF there IS somebody in the bank whose a crook, the guy who you gave the money to should be able to tell them exactly who it is. But HE doesn't need an accomplice - he's got YOU.

    However, this has NOTHING to do with YOU and YOUR liability to the bank. You wanna know if YOU can be charged???? Ask the cop who you told who got the money. I'm sure he investigated. If the cop thinks YOU did something, I"m sure he'll tell you. Nobody wants to keep secrets here - except maybe YOU. Why don't you want to tell us who HAS the money????



    Filing bankruptcy has NOTHING to do with whether or not you'll be charged. NOTHING!!!!!

    excon


    Ask the police who have the money they have all the copies of receipts of where it was sent. Believe me I'm not keeping any secrets and I not blaming the Bank I know it's my debt I just don't think they are willing to help me in anyway. Like who made the deposit.
    One strange thing that one of the ladies at the Bank said to when I asked for the name of the person that made the deposit so I can go after them, was be very careful these people are very dangerous.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #39

    Sep 8, 2008, 08:35 AM
    Quote Originally Posted by helpmeb4Idie
    That’s correct someone I didn't know deposited the money. Basically I was told the funds would be wired to my account from someone I did know (fraudster#1) she then gives my account info to the person I don’t know (fraudster#2) who makes the deposit. I know it goes beyond foolish but it happened and not only to me. And to answer your last question
    Now we are back to describing the Nigerian scam. You gave fraudster #1 your account info. That account info was used to wire the funds into your account. No one walked up to a teller to make a deposit.

    This also means that you knew the funds were going to be deposited, its not like they mysteriously appeared one day.

    No, this hasn't happened only to you. Greedy people have been falling for this scam for years because it promises them a quick return for apparently little effort. That's probably why the bank has not pursued criminal charges, because this is such a common scam.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #40

    Sep 8, 2008, 08:37 AM
    Hello again, help:

    So, you're just not going to tell us who you gave the money too, huh?

    If you're this evasive with the cops, I'll bet they DO arrest you.

    excon

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