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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34541
Experience:  16+ yrs. of legal experience.
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I kept some of my furniture on Craiglist and

Customer Question

Hi, I kept some of my furniture for sale on Craiglist and received a call from someone willing to buy it. The price of the bed was 400 and he sent me a check for 1480 dollars. He asked me to transfer the rest amount to his shipping company. Initially I did not believe in him but the check completely deposited in my account and then I called Bank of America and checked with the associate for almost 4 times on the call and each time she told there is no problem with the check and I can withdraw the cash. Based on her assurance I did money gram to his shipping company and next day the check went into hold and after two days 1480 dollars gone form my account. I called Bank 6 times from that day on wards and each time I requested them to pull the call records which I had with associate but no one could assist me. What are my options here and I am really disappointed with the way associate confirmed about check.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 1 year ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen. What you are describing is a very common criminal scam.Criminals send a bad check for excess funds and request that the victim send the the difference.But I am not sure I understand your question...what is your question regarding this?
Customer: replied 1 year ago.
My point is based on bank of America's associate confirmation I proceeded with my Money Gram transfer and I am demanding bank that how can they give misinformation to customers.
Expert:  P. Simmons replied 1 year ago.
THank youI want to make sure I understand...what confirmation did they provide? Did they tell you the check had "cleared"?
Customer: replied 1 year ago.
Yes, she told that check has cleared and there wont be any problem with it. I even asked her that this looks like a fraudulent transaction and can you confirm that this has cleared. The answer I got from her is Yes.
Expert:  P. Simmons replied 1 year ago.
ThanksI would consider a small claims lawsuit. IF the bank representative assured you that the check had "cleared" you have a decent argument that they (the bank) owes you for the money you lost (since you relied on this before sending the money to the criminals)That said, even in small claims court you have an uphill battle...if you review your agreement with the bank you will find language that allows the bank to place a "hold" on funds and to recover for a bad check. This was a bad check (again, this is a very common scam). So at the end of the day, the bank can recoup this money (based on their agreement they have with you)Bot***** *****ne: I understand your point...but you have an uphill battle here since the banks agreement will allow them to recoup the money for this bad check...still, perhaps you can convince the judge in small claims court to rule in your favor based on the assurances you received from the banks agentPlease let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
What is the procedure in filing a small claim lawsuit and you mentioned uphill does that mean a tedious effort?
Expert:  P. Simmons replied 1 year ago.
I mean that because of the agreement you have with the bank (where the bank reserves the right to take money from your account for bad checks you deposit) you will likely loose this case. That said, I understand your point...and agree that the bank shares some responsibility for this...and perhaps you can convince the judge of this.To file you head to your county court (the county where the bank branch is located) and talk to the clerk of the court...they can get you the forms. You file the case, serve the bank and show up for your hearing date to explain to the judge what happened
Expert:  P. Simmons replied 1 year ago.
HiExperts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer. Please rate the answer so I may receive creditThanks for your understandingPhil

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