How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

My son, a college student, answered an ad on craigslist for

Customer Question

My son, a college student, answered an ad on craigslist for a Admin Asst position. The guy said he would need to buy a laptop and a fax machine. He sent my son checks to cover these purchases. My son purchased the equipment and then the guy sent more checks that he asked my son to cash and then send the cash through Western Union. We found out about it because my name happens to also be on the account. It was set up when my son was a baby and we put his birthday money in it. My son is 21, but I had not taken my name off the account (I forgot about it). The checks have bounced. So far, the amount is $5,000-$6,000. My son has contacted the police.
What can we do? What are our rights? Should the bank have given him the money? My son didn't know this was a scam. In addition, the account is linked to his younger sister's account through me and the bank has confiscated all her funds. Does she have any rights?
Submitted: 4 years ago.
Category: Legal
Expert:  Dwayne B. replied 4 years ago.
I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what are my rights" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.
Customer: replied 4 years ago.
What should we do? Are we responsible for the checks the bank cashed if they bounce? Do we have to go after the people who wrote the checks? Doesn't the bank have to go after people who bounce checks? Can they take the money from my daughter's account to pay the shortfall in my son's account (remember the two accounts are linked because I am on both accounts).
Expert:  Dwayne B. replied 4 years ago.
Unfortunately, your son will be liable for any money that the bank is out due to the transactions.

Your daughter can challenge the seizure of her funds but she will have to do it by filing suit against the bank. I think it is almost certain that the court will side with her and order the money released.

Your son would then have to go after the people who wrote the checks. The first course of action would be to file charges with the FBI. This is a pretty common scam.

If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Related Legal Questions