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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116815
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Recently I was involved in a home based business unfortunately

Customer Question

Recently I was involved in a home based business unfortunately I finally realized it was a scam what I want to asked is I deposited a check from that Company $5930.00 I waited for the check to clear. It did. I went to the Bank and verbally requested the Teller and the Assistant Bank Manger to confirm its clearence. They did. So I cash 90% of the check out and sent it like I was told to do so by western Union. Approximately 2 days later I look at the bank account and notice that I now have a negative balance of the amount I sent. I go to the bank and I asked them why they said well it's pending for further review. I asked them you authorized the clearance how can you reverse it? I told the Manager that I made sure with your Assistant Manager he cleared it. Now they are indirectly trying to make excuses, is it not the banks fault for cashing out the check in the first place. How can they say it is cleared give me the money and two days later say it is bounced or what ever the reason?
Please help me do I have a case?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
Unfortunately, regardless of the reasons, you are liable to replace the money with the bank. You do need to file a fraud report with the police department and also with the State Attorney General's consumer fraud unit. You will also need to file a fraud report with the bank's fraud unit. Once you have reported the fraud, generally the bank will give you some time to pay the money back, but not much. If you can locate the individuals responsible, you can also try to sue them where they are located to recover the money (but good luck in finding them).

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Customer: replied 8 years ago.

Well unfortuately did not wanted to here that answer.but what can i say you are the Attorney,I guess nothing comes easy in life.



Expert:  Law Educator, Esq. replied 8 years ago.
I know you did not want to hear it, but this is what happens in these scams and you are not the only person who has been victimized in just the same way. Again, make your reports to the police, the AG and the bank fraud unit.