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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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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: 5 years ago.
Category: Legal
Expert:  Dwayne B. replied 5 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 5 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 5 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.

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