Criminal Law Questions? Ask a Criminal Lawyer.
I'm sorry but confused and vulnerable is how most people feel after they realize that they have been scammed. As to the attorney, it really depends on the amount. An attorney is going probably want a retainer of around 2000.00. There may be some liability on the bank based on your conversations with them that the check had cleared.
At the present time your two options are to let an attorney try to negotiate or negotiate with them yourself.
When you applied for your account at the bank you signed an agreement regarding the liability of the bank in such a situation. To know if the bank has any liability, someone would have to look at that contract. Banks have very good attorneys so it is probably airtight and allows them to chargeback to you any dishonored checks. Every one I have seen does.
As stated above, the bank may have some liability based on the conversations with the tellers. Depending on the amount if may pay you to seek legal counsel to try and either negotiate something with the bank or take them to court. That is a personal decision I cannot make for you.
I appreciate your comments about closure but I handle that with a stress counselor now.
I have been swamped since your reply with more contact from this overseas friend promising me to rewire the monies that "somehow got interuppted from wiring by his lawyer." Being a devout Christian, I hoped, though aware not probable, that this person had re-appeared on his own to rectify the situation or a portion of it. So far, he did not meet the bank deadline of yesterday for the monies to be wired unless he simply couldnt get out of the hospital where he said he was having typhoid treated the past two weeks.
My primary concern is making every effort to get the money from him and/or from the other overseas people who sent the check thru me to him for a return to the bank.
My secondary concern which is becoming IMMEDIATE is the bank. They have asked me to come up a "payment plan" by Tuesday 6/17/09. They will NOT negotiate any part of liability in this though, as far as I am concerned, they are MORE liable than I am as I verbalized 6 times with their staff (4 face/face and 2 over the phone) that I needed to know from them the check was "good" before taking any withdrawals because I had never done business with this third party business/check before.
You reply to me to find an atty with liability experience but that's like me saying in healthcare, go talk to some case manager like me with managed care background to orchestrate the care and death disposition of your beloved mother. As a professional, I would give the person seeking help SPECIFIC ways, places or even names in the their local areas to get help from. How am I supposed to know as a lay person and a VICTIM where to begin to look? Your answer to me is comparable to my own market research on the internet ... I would like to accept an answer from JUSTAnswer but I need concrete help to point me in a direction of finding a SPECIFIC lawyer... where do I begin? Palm Beach County, FL where I live has thousands of attorneys... no one I know knows who does what kind of law... it's NOT in the yellow pages, white pages, internet, chamber directory ad infinitum. PLEASE SOMEHOW GIVE ME SOMETHING TANGIBLE TO GO TO FOR HELP... I do it all day long 24/7 for people in medical services... can't someone in legal do the same? Please?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).