can i get into trouble if i deposited a counterfeit check into my accoumt[web-scammed]?

Question

i make cabinets and a customer paid with a check[looked real], i deposited it, waited 3 days for it to claer and withdrew some and used it.now-a week later, the bank says its bogus and i owe them money?

Answer 1

Yes, sorry, but the bank is right.

Answer 2

You are liable to the Bank for the bad check as you have a responsibility/option of whether or not to accept personal checks or other forms of payment and to make a reasonable attempt to ensure the funds are vaild (it is in the fine print in the account agreement indicates that you understand this) and liable for any checks and bad or bounced check.

If the check was returned NSF or a Stop Payment on it, contact the parties that wrote it in writing via certified mail and ask that they pay the full amount in cash or Cashier's Check from a national bank within a limited period of time (like 5-10 days) and if they don't they will leave you no choice but to seek relief through the Courts and file a criminal complaint.

If the customer knowingly wrote you a bad/counterfeit check, you can file fraud charges.

If the check that was given to you is counter fit, contact the police and file a report immediately, and take a copy to your Bank so they will know you are not part of a "scam" and work out a repayment arrangement for the overdraft amount.

Answer 3

If u knowingly and intentionally deposited a counterfeit check u could be charged but your stating you didn't know so law enforcement would most likely conclude u were scammed. The bank will most likely hold u accountable for the money because the check only "posted" to your account but did not clear. It takes 7-10 business days for a check to clear (that's why a week later u found out it was counterfeit). I highly suggest u contact the banks security department and your local police dept. U may also contact US Secret Service and/or FBI agency for guidance. These agencies specialize in bank fraud. Good luck!

Answer 4

Should be no problem for you - you provided a service and made some guy some cabinets ... he willfully committed the fraud, forgery and/or etc.

I hope your contractual agreement with the guy states in it that if he does not pay - that no transfer of "goods" to the potential customer is enforceable and that you still own the cabinets until payment IN FULL has come about.

If so - I suggest you take the sheriff down to his house and remove your cabinets and see if the sheriff will remove him as well.

Hope you don't lose your cabinets with this fraud ... If all else fails - see if you can fanagle a suit against Fraudulently Filed Lien or Claim ... the check was a fraudulent claim that was filed in the bank ...

It is pretty much free to file against a fraudulently filed lien or claim AND MOST THINGS CAN BE TWISTED AND SHAPED TO FIT UNDER IT ... In Texas the following is where such can be found, AND THIS IS NOT LEGAL ADVICE, JUST FACTS FOUND IN A BOOK THAT ALL SHOULD READ:

TEXAS GOVERNMENT CODE

SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS

CHAPTER 51. CLERKS

SUBCHAPTER J. CERTAIN FRAUDULENT RECORDS OR DOCUMENTS;

§ 51.903. ACTION ON FRAUDULENT LIEN ON PROPERTY.

Then it give you the form and even the Affidavit to file in this action ...

Answer 5

No, you won't get in trouble unless they can prove you were "in on it"! You can, however, get into trouble if you over-drafted and don't replace the funds in a timely manner.

This matter should be turned over to you local district attorney for investigation. If all goes well, the person who issued you the fraudulent check will find himself being charged with forgery which is a felony.

If the check came to you through the mail, it will be more difficult for the district attorney to get to the bottom of things. However, if the check was handed to you personally, there is a better chance of the person getting caught.

I'm sorry this happened. All the more reason to refuse checks. However, with the sophistication of computers and printers these days, even money orders are risky.

Who is this frickin' customer? I hope you can track them down. They need to do some time! Call the D.A.'s office tomorrow and talk to them about this.

************ My friend got web scammed over a four wheeler. He lost $3,500.00!

Answer 6

Yes, you do owe them the money. But if you have the information on the customer that passed you the bogus check, you have legal recourse against them for the money they owe you. So, yes, pay back the bank to keep your account in good standing, but start the process of trying to recoup your loss from the customer.

Answer 7

Unfortunately, you do have to pay them back. In a fair world, they would go after the person who cheated you. But most likely the address on the check is fake.

I believe the bank can press charges (or charge you extra fees, at least) if you do not pay them back.

I would call the police and report the counterfeit check. And try and locate the person who did this to you.

Good luck!

Answer 8

You have to pay the bank back the money you took from the counterfeit check.

It is not their fault you fell for a scam.

Answer 9

If the check was bogus then you shouldn't have been able to get any money out at all. But if you did take money out somehow, you do owe them that money back.

Answer 10

yes you are responsible for the check and the money. file a police report against the guy