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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87776
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a independent beauty consultant and have received a check

Resolved Question:

I am a independent beauty consultant and have received a check from some one through an email order for some products and they said a company was indebted to them and ha them send me a check and I am kind of Leary about cashing it afraid that it may be counterfeit. What will happen to me if I cash it and it is found to be counterfeit?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. If you are unsure about the origins of the check, do not cash it. It may be a fake check - see here.

If the check is fake, then you may end up being responsible for the money lost.

Furthermore, it does not make sense why a company that is a creditor of another company is sending you money, unless they took over that company. So someone in your situation may wish to (1) confirm it is a real company and (2) ask for court orders/contract that has them taking over the original company.

If you want, you can give me the name of the company and the location and I can probably tell you if it is real or not.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

So if it is counterfeit and me being the person cashing it and not knowing whether or not it was counterfeit just wanting payment for the products the person has ordered through my business I will be held accountable? What if I don't spend the money & hold onto just until I know that it is real and has cleared would that help my situation if it comes back as counterfeit if I still have the money that I received for that check I am so easily taken advantage of it seems in this world just trying to make a living and I've been scammed from people before and I try to trust people but I know there are people out there that do this but yet I want for this to be real I am struggling. With this cuz I have a family not a lot of money and yet feel like I've been taken advantage of yet again. I don't know what to do.

Expert:  Ely replied 1 year ago.
Valerie,

While you may not be criminally liable if you really did not know that the check was counterfeit, you may still be civilly liable by the bank for the money lost (see the link I provided earlier for the explanation of how it works).

If you "hold on" to the money, and the check proves counterfeit, you will have to return the money. However, you really do not want to get into this situation to begin with.

Again, if you can provide me with the name of the company and any address on the check, I can tell you if it is real.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87776
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Advanstar communications inc


6200 conoga ave, 2nd floor


woodland hills, ca. 91367


thi is the company indebted supposedly


 


the bank on check is Wells Fargo bank man na


420 montgomery st.


San Francisco, ca.


94104

Expert:  Ely replied 1 year ago.
Thank you. What is the other company's name?
Customer: replied 1 year ago.

There wasn't another company just a woman stating this company owed her money. But she had the n cut the check to me for the products she wanted ordered. Her name is Elizabeth Moore I've kept all the emails and txts she has sent to me an she even wanted the remainder of the money sent to her supposed daughter in texas for her wedding stuff lol so I have all the information and I guess if it is fake I will turn it over to the FBI I hate that it is more than likely a scam but then again I want them off the street from scamming other innocent gullible n people like me in the future it's not right at all and the honest people always seem to get the raw end of the deal :'(

Expert:  Ely replied 1 year ago.
Valerie,

It sounds more and more like a scam, and I think you have reached that conclusion yourself as well already. You may file a complaint with your local FBI who investigates such matters.

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