Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Good afternoon. I am Loren, a licensed attorney, and I look forward to answering your question. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, when you deposit a check into your account and you endorse it by signing the back you are guaranteeing that you will reimburse the bank if it is dishonored as a fake or because the account it is drawn on has insufficient funds. So, if the check was paid and then bounced, the bank is within its legal rights in seeking the return of the funds they gave you for the worthless check you presented.
Do file a police report so that there is a written record of the scam.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Thank you for following up.
The bank may agree to waive the repayment, but that is up to them. There is no legal obligation they do so. If you are a longtime customer then they may be willing to work with you to negotiate a settled resolution with a smaller payment than is owed or repayment over time.
There is certainly no harm or downside in asking the bank if they will work with you.
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