Consumer Protection Law

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Here's what's happening... I put up a Craig's ad for my

Here's what's happening... I...

Here's what's happening... I put up a Craig's ad for my piano lessons and got a plethora of responses from people from out of town wanting Lessons for their children (i should've known!) and they all wanted me to pay for a nanny or a driver with money they sent me, well I tried one out to see if it was legit and deposited a $2900 check into my bank. The bank cleared it so I thought it was real. I sent them $2,400 money gram...they picked it up. They then said there was a hospital emergency and had me send an additional $400, which I did since I hadn't taught the lessons yet. They said they would send me more money. Then, today (after clearing the check) the bank called me and said it was a counterfeit check. Then they proceeded to debit my account $2900. Now I'm overdrawn $2,600. I was the victim of a scam! So now I'm trying to figure out what the laws are in Iowa with the bank... I believe it's their responsibility to clear a check. I have to wait until Monday to talk to a branch manager. Is the bank going to be responsible for clearing the check? What are my rights? What will happen if the bank calls the police?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Iowa

Lawyer's Assistant: Has anything been filed or reported?

I sent an email to the police, FBI,FTC and Money Gram

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's all

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Answered in 2 hours by:
1/20/2018
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37,834
Experience: 30 years experience in general legal matters.
Verified

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, you have been victimized in a "Fake Check Scam".

By federal banking regulations banks are required to make funds available from check deposits before the bank actually collects the funds. Fake check scams exploit that requirement. The con artists will create fake checks to give the victim and then give the victim a reason to remit a portion of the fake check amount to immediately repay some made up fee or overage from the "check" they gave you.

When you send the con artist back money using your own check, the bank will pay using the available, but as of yet, uncollected funds from the fake check you deposited. When the fake check bounces, as it most assuredly will, and the amount is debited from your account, the bank will look to you to repay the overdraft it causes. The bank has no legal liability, as they were complying with federal regulations.

If you can find this person in the US, and I suspect he or she is actually overseas, you can sue her for the money you have to repay the bank, but, by endorsing her check when you deposited it, you agreed to repay the bank if the check was dishonored.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

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Customer reply replied 4 months ago
Ok, it's just annoying because I specifically asked the teller if there were any issues with the check and she said "No , Everything is fine - it cleared." And the entire amount went into my account.
Customer reply replied 4 months ago
They told me only $200 would be available until the check clears.
Customer reply replied 4 months ago
How do I sue them? They're in the United States.
Customer reply replied 4 months ago
Also, I am on disability. Is there any way to get what I have to repay the bank removed?
If you can find them then you can sue them in small claims court the county where they live. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
You may want to explain the issue to the bank to see if you can reach some sort of accomodation with them.
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Customer reply replied 4 months ago
I don't have their address- only a phone number and email.
Customer reply replied 4 months ago
It's a US #
I strongly suspect they are not in the US, but merely programmed a US number to show up on their phone when they call.
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Customer reply replied 4 months ago
I sent the money to Nhora Jaramillo in FL
Customer reply replied 4 months ago
I don't have her contact info
Well if you want to sue her you will need to find her. Report it to your local police and see if they can locate her.
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Customer reply replied 4 months ago
Ok!
Customer reply replied 4 months ago
Thanks
You are very welcome.
If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Loren
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37,834
Experience: 30 years experience in general legal matters.
Verified
Loren and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 4 months ago
Of course!
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Loren
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37,834
37,834 Satisfied Customers
Experience: 30 years experience in general legal matters.

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