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I got a cashiers check for a car that I was selling on Ebay. I went to the bank to cassh the check and the lady went in the back office and then came out and said that she could run the check to make sure it was good. She said it checked out and cashed the check. I asked her if there was any way the check could come back and she said no. So I released the car to the shipping company and now the check came back and the banks wants me to repay the money and I refused so they are trying to bargain with me to pay back half of the amount of the check. I don't feel I should have to pay this back because she said she ran it and told me on camera that there was no way it could come back. Do I have to pay the money back?

2007-01-22 03:22:47 · 8 answers · asked by Anonymous in Politics & Government Law & Ethics

8 answers

GET A LAWYER!

2007-01-22 03:26:11 · answer #1 · answered by ♪ Tony's girl ♪ 4 · 0 0

Unfortunately, Yes......and for future reference, have the item sent for Collection thru your bank.....it may cost you a few $$ but $5 or $10 is less than a Bounced Check...what most people don't understand, is that even though a check might clear from another bank on the day the Bank is called, by the time the Check gets there, the situation may change...it is unusual however for a Bank to decline payment on a Cashier's Check, but today there are Counterfeit Cashier's Checks that look pretty authentic...and Cahier's checks get stolen too...I am surprised however that the Bank offered to split the loss with you...this is very unusual...normally. you would have to repay all of the funds. It can take up to 14 working days for any check to clear unless it is drawn on your own bank...

2007-01-22 03:44:28 · answer #2 · answered by Sherrie B 3 · 0 0

I say no

1. Cashiers Check: a check drawn by a bank on its own funds and signed by its cashier

2. A check drawn by a bank on itself. A cashier's check is made out to a designated institution or person and must be paid for before it is issued. See also certified check.

http://dictionary.reference.com/browse/cashiers%20check%20

certified check:
1.a check bearing a guarantee of payment by the bank on which the check is drawn.

2. A check guaranteed by a bank to be covered by sufficient funds on deposit.

3. A check certified by a bank to show sufficient funds within the account meet the amount the check is drawn for.

4. A check is certified by the bank only if the checking account has enough funds to cover the amount made out on the check.

5. A check that a financial institution draws on an individual's account and then certifies to indicate that sufficient funds are available to cover the amount of the check when cashed.
http://dictionary.reference.com/search?q=certified%20check


if a certified check is the same as a cashers check and this info is true...the bank is responsible for the error and you should not have to pay.

but a Lawyer is the one to realy ask.

2007-01-22 03:45:09 · answer #3 · answered by eyepopping hideous female troll 4 · 0 0

I say take the deal and thank them. They aren't obligated to do even this much. This is a pretty common scam. My bank makes me wait 10 days on any check before withdrawing anything. Chalk it up to experience.

2007-01-22 03:30:12 · answer #4 · answered by moose on the loose 3 · 1 0

Did you read the fine print on the cashiers check? If not I would go see a lawyer.

2007-01-22 03:27:25 · answer #5 · answered by Anonymous · 0 0

Sounds like you got caught in a scam. You may want to check with local authorities to get your rights clarified.

2007-01-22 03:26:44 · answer #6 · answered by Shutterbug 3 · 0 0

Yes, you have to pay it back.

2007-01-22 03:26:45 · answer #7 · answered by Yak Rider 7 · 1 0

Hell no. She assured you that it was good, and they accepted it. They're screwed.

2007-01-22 03:26:36 · answer #8 · answered by ? 6 · 1 1

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