Check out some similar questions!

Tender10 · Mar 14, 2007, 10:53 AM

Hi,

Someone that I knew had a check sent to me to pay some bills, the check was from a loan company and I had to deposit the check for 7 days to wait for it to clear. Well after the seven days I returned back to the bank to withdraw the money. The bank cash the check and gave me the money, that was back in January, now in March the bank where I had the check deposited have sent this matter to their law office and their law office has sent me a letter telling me that they are not going to sue me for the funds, but rather send this collection to an attorney in my state for further collection. Can they come after me I done everything the bank told me to do including wait the 7 days and I went inside the bank and still had to wait for them to approve the deposit before they gave me the money, I think this should fall back on the person that either gave me the money at the bank or the person that wrote the check. I did not have the money in the bank at the time to cover the check that was returned so now they are coming after me. Is that legal or can they do this to me? Looks like to me that's the purpose of waithing the seven days so that the check could clear before they gave me the money. I think it's the bank teller's fault not mine they should have checked before issuing me the money.

Lowtax4eva · Mar 14, 2007, 11:05 AM

I don't think they have much of a case against you for depositing a check and not having it clear, was it for a large amount? Weird that they would sue you. Maybe the check was a forgery and they are assuming you gave them a bad check, like I check that doesn't lead back to an account. Call the bank and ask why they would come after you, you deposited a check that was from someone else. Ask what you can do to straighten this up with them.

Fr_Chuck · Mar 14, 2007, 11:58 AM

Actually yes they can come after you, but they already said it was just going to collection, so no criminal charge ( they could have done that)
So they will get a judgement and garnish you pay if you don't pay up.

Now why did the loan companys check bounce, ( sometimes it takes over 7 days esp if the check is a fraud or some other issue) Esp if it is from another county ( you did not say if it was or not)

So what you have to do is take the bounced check you received from loan company and have them make it good. that will give you the money to pay the people you paid.

But the other persons check bounceing is never a defense for you writing a bad check,

Tender10 · Mar 14, 2007, 01:40 PM

Hi I wanted to add that I did not write check from the deposit that I made I went into the bank and withdrew the money so it's not like I wrote checks from the deposit they gave me the cash in hand. I wanted to know would this affect me because I am now in bankrptcy and because of them just coming after me now, it was not an issue when I filed bankruptcy, so what am I to do?

Squiffy · Mar 14, 2007, 01:46 PM

Did you get the loan while bankrupt? It could be that the loan company found out about your bankruptcy so had the check cancelled. I would speak to the bank about this. And the person who gave you the check.

missk · Mar 14, 2007, 09:49 PM

This is how it works-It is usually procedure to hold a check for at least seven days but that does not guarantee that the check is good and this is usually posted somewhere at your bank. The reasons for the bank holding the check is usually if it is over $2000 or the company is unknown or you don't have enough funds in your account to cover, but checks can return at any time and you are responsible for paying the money back. Yes they can come after you-that is the law. The check has returned and you have the money. You took the check in good faith just as the bank did. It is not the bank teller's fault or yours, but you are the one that used the money so what you have to do is pay the bank back then they will give you the check back. You can go to the bank that the check was drawn from and cash it depending on reason for return, or take it to your JP office or hot check collection division for collection. I worked in check collection at a credit union and everything they did is what we would have done too. If you are ever unsure if a check is valid the best thing to do take it directly to the bank that it was drawn from.

excon · Mar 17, 2007, 06:21 AM

Hello tender:

You're the victim of an old Nigerian scam. Google that term.

They told you to keep some of the money and send the rest back, didn't they? And you did, didn't you? Bummer for you.

excon

Fr_Chuck · Mar 17, 2007, 07:00 AM

I beelive excon is right and it was not a loan, and because they believe there was something illegal in what they were doing are changing the facts.

If this is the case please just give the real facts, if it was the ingerian scam you were cheated by the company that "hired" you. This is a very old scam that has been happening for years

missk · Mar 17, 2007, 01:44 PM

We received some of those scam checks at the credit union where I was employed, and our branch manager got the feds involved. If it is that type of scam it is usually a fed issue. I'm pretty sure to this day the credit union has not collected the funds on the check and the account member still owes the money, but they understood that this was a bigger issue than just a minor personal check, and was not sued. Maybe you should talk to your bank about that. (It doesn't matter if you got cash or wrote checks or whatever-you used the money and the check returned so you are responsible for it) Lowtax4eva-if you or anyone else deposits a check in your account no matter who or where it is from-if the check comes back for any reason whatsoever you are responsible for it. If the funds were in her account, the bank would have taken the funds out and sent her the check back, then she would collect the funds from checkwriter or take the check to JP or Court for collection. If you are ever unsure whether a check is good or not, you should take it to the bank that the check was drawn from. Like excon said-bummer for you. :(

slowandeasy · Mar 17, 2007, 04:15 PM

I agree with the others I think you were scamed? Did the check you got come from something you got off the internet ? In this day and time we all have to be very careful Can you tell us how the check came about? Who send you this check?

swirlgirl · Mar 17, 2007, 04:43 PM

When a company/bank has a collection on you in a collection company... they have "sold" your bill, default etc. Usually it is about 10cents to the dollar they get from the collection agency... this from a lady I knew years ago that worked for a collection agency... she would also get a "percentage" if she got people to pay.
Have you talked to the bank manager? Your not clear about the check, so may be the scam others say, but maybe not?
Having had 11 yrs. Banking experience (years ago, but banking rules are pretty much still the same)

It is the Bank's error:

When the check was deposited an alert teller should have seen something "fishy" about it, especially if it was one of the scam checks. The least the teller should have done was to put a longer hold on the check. They have weekly teller meetings about all the latest scams. She should have gone to her supervisor.

They cashed either the check or gave you cash as your acct. showed you had the available balance... which means the statement above was not done and if done not enough of a hold was put on the check.
If you do not get help from the bank manager... I would contact Legal Aid to see if they may help you.

I remember an experience where a business savings acct. was the same number as a client's checking acct. The business put $5000.00 in their acct. and it was accidentally put in the client checking acct. When it was finally found out... the client with the checking had spent the "money" on redecorating their house... wife said she thought husband deposited it, husband said he thought wife deposited it... THE BANK DID NOT GET THE MONEY BACK FROM THE COUPLE, BUT HAD TO PUT THE MONEY BACK INTO THE BUSINESS'S SAVINGS ACCT. Banks screw up a lot! Good luck to you!

missk · Mar 22, 2007, 08:51 AM

I know this was posted a while back-and I was just trying to ignore it but I can't.

It is not the banks error!! Not all checks are "fishy"-even the bank can be fooled.
Even after funds are made available, and the account holder has withdrawn the funds, the account holder is still responsible for checks that they deposit that are returned as unpaid for any reason no matter who or where the check is drawn from.

As far as the couple with the $5000.00-come on we all know that the couple knew that neither one of them put that money in their account and if they were redecorating you know they had plenty of time to discuss and realize that it was not their money. I understand that it was a bank error and yes they would have to put it back in the business account, BUT in a situation like this, the bank would be able to close the couple's account and sue them!! Banks are people too and people make mistakes-situations are rare and the PEOPLE should take responsibility for their actions.

swirlgirl · Mar 22, 2007, 04:15 PM

Why? Did you not ignore my post? I don't agree with a lot of posts and let them be.

Of course the bank closed the couples acct. The bank was not stupid, they knew the people were lying... of course a couple would tell the other and know if the other had that kind of money and where it was from if they were honest. If banks sued everyone whom "ripped" them off they would be in court all the time! It is not the bank's error that the "check bounced", it is their fault that they did NOT find the check suspect...

Their was an employee whom embezzled $30,000 from the bank... she was never prosecuted. The bank could not even tell why she was fired when she again applied at another bank!. the bank could only state that she worked from such a such a date, what her position was and what her salary was... I know I worked with the woman. I know caused she called the bank to verify a check from another bank that she worked at. Why am I telling you all of this... BANKS CANNOT SUE EVERYONE... They did not sue this employee for $30,000. Why would they sue over $5000.00 from a customer?

Fr_Chuck · Mar 22, 2007, 06:22 PM

Banks sue people for 300 dollars here all the time, And if they did not press charges then there was just not enough proof it happened, or they would have.

And no the bank is not at fault at all, they merely process the checks, these fake checks are often merely forged checks, or based on banks outside the US and look as real if not better than your check or mine.

So the bank will and does hold the person who cashed them liable to pay them back, Happens dozens of times a day, and we get a lot of posters here that it happens to. Most if they work out a payment plan, don't get charges filed but it can happen also.

So I guess we ignored your post because it was just wrong with the real facts of what actaully happens in real life most of the time

missk · Mar 22, 2007, 09:02 PM

Well swirlgirl, I decided not to ignore the post (as if I need to explain), because I am entitled to give my input and seeing that I had given some information earlier in the conversation, I felt the need to reply since, well if you didn't know that is what this website is all about. Why wouldn't they sue over $5000.00? I worked in check collection at a bank for six years and we sued all the time. Once again it is not the banks fault that they did not find the check suspect-that is not their responsibilty-it is the person that the check was written to that is responsible. That is just the way it goes in the banking business. For your information, every single bank in every city in every town, sues many account holders.

What does calling the bank to verify a check from another bank have anything to do with the subject?

Most banks or any company for that matter are not allowed to tell other banks or companies why a person was fired-due to the privacy act.

So you think banks just close accounts when they steal money and don't do anything about it?

slowandeasy · Mar 23, 2007, 08:57 AM

Hi
I agree with Fr Chuck banks do and will hold the person cashing the check liable ,Like I said before in this day and time everyone has to be careful about who they take a check from I still think it was a scam, tender10 never did say where the check came from, which makes me think it was an internet scam