• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

counterfeit cashiers check

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

williewobble

Junior Member
What is the name of your state?calif... in regards to royboytoy's counterfeit cashiers checkthat the bank cleared prematurely, and released the funds without putting a hold on it... the response from veronica " miss suzy spiked heels " was that its not the banks responsibilty.... its a wonder why her answer was in favor of the bank.... why?, because she works for a bank..... So is there anyone out there with some legal expertise to shed some light on this matter?, the original posting was on the 23 of july by royboytoy......who got burnt after he deposited a cashiers check in his bank and came back a week later as a counterfeit cc.the bank released the fund 24hrs after the deposit, then took the $ back a week later when itr came back bad....is there a case here against the bank?? :rolleyes:california
 


Veronica1228

Senior Member
williewobble said:
What is the name of your state?calif... in regards to royboytoy's counterfeit cashiers checkthat the bank cleared prematurely, and released the funds without putting a hold on it... the response from veronica " miss suzy spiked heels " was that its not the banks responsibilty.... its a wonder why her answer was in favor of the bank.... why?, because she works for a bank..... So is there anyone out there with some legal expertise to shed some light on this matter?, the original posting was on the 23 of july by royboytoy......who got burnt after he deposited a cashiers check in his bank and came back a week later as a counterfeit cc.the bank released the fund 24hrs after the deposit, then took the $ back a week later when itr came back bad....is there a case here against the bank?? :rolleyes:california
My responses in this forum are based on my experience and knowledge of Federal Banking Regulations and Acts. I try to give non-judgemental advice. If you read bias into any of my responses then that is your opinion. Any other derogatory remarks you want to make about me are your choice, but they are not justified. I suggest you refrain from attacking someone you don't know. I doubt you'll get much assistance after doing something like that.

Have a nice day.
 

Some Random Guy

Senior Member
Willie,

The reason that Veronica sides with the bank so much is because the banking laws in the US were written with a lot of input from banks and their lobbyists. I don't recall seeing a 'bank customer' lobby listed in Washington. Don't fault Veronica for your legislator's decisions.
 

Veronica1228

Senior Member
Thanks for the support guys.

To the OP: By the way, I don't control this forum. There are several lawyers who also post here; IAAL, JETX, and HomeGuru to name a few. If I ever give advice or make comments that are incorrect they are not shy about correcting me. Therefore, if none of them corrected my advice on Royboytoy's thread you can assume that they either missed it, or there was nothing to correct.

Veronica1228 said:
The teller was wrong in saying that it would clear in 24 hours but that doesn't make them responsible for the check. You do have to pay back the $5000 to the bank. They have no responsibility to make the check good.

Where did you get this check from? Nigeria?
I stand by the statement I made on the thread in question. If you still think that I'm incorrect then loosen the old purse strings and hire a lawyer. I'm sure if you have enough money you will be able to find one who will take your case, such that it is.

The fact remains that there were no Fed Reg violations. There are Fed Regs that limit the amount of time that a deposit can be held, but they do not dictate that they can't make a deposit available to you PRIOR to the limits set forth in Reg CC. In other words, there are rules about holding a deposit too long, but not in making a deposit available immediately. I don't make the laws, I just cite them.

I know you won't believe me because I'm an evil banker, but it's the truth. Now, can someone tell me if my horns are showing? :p
 

Debt Guy

Senior Member
Don't beat up on Veronica. She simply told the truth and some don't want to hear.

The hard cold reality is that a cashier's check is nothing more than a piece of paper. It has no special cachet of worth.

Granted, it is common wisdom in the public that a cashier's check is "good funds". Not true. This is another case of where the public is sadly mistaken.

There is a principle in law called "holder in due course". It essentially says that a holder in due course of an instrument (a check is an instrument) is an innocent bystander of any dispute between the maker of the instrument and the payee of the instrument.

The banker who accepts the check for deposit does not know if the check is any good or not. After all, they are not mindreaders. Federal law requires they make the funds available to the depositor within a limited amount of time.

Ultimately the check is presented to the paying bank. That is the first time someone says, "whoa -- this ain't legit!" and identifies the instrument as counterfeit. The check then begins to wind its way back through the system to the depositing bank.

Since the depositing bank is a holder in due course and thus an innocent bystander, they are not responsible to eat the loss. So, the bank charges the depositor's account or sues to collect, etc.

The risk of accepting the instrument in the first place lies with the payee.

Payees need to realize that a cashier's check or a money order or a $100 bill can and are counterfeited everyday. Any payee who accepts such an instrument does so at their own risk. They should not expect to be able to transfer that risk to any one else.

Unfortunately, there are clever folks who can create very impressive cashier's checks and they prey on the mistaken impression of the general public that cashier's checks are like gold. Counterfeiting cashier's checks is easier, faster and more lucrative than counterfeiting $100 bills.

Would you take a personal check from a stranger and let that stranger drive away in your auto? No, of course not. Well, a cashier's check is exactly like a personal check.

If you took a personal check and it was returned for insufficient funds --would you expect the bank to eat the loss? No. The same principle applies in this case. It is not the job of the bank to absorb the loss of your misfortune.

If you accept a cashier's check, about the only thing you can do is call the issuing bank and determine that the check was validly issued. Even then, you still have no guarantee that the check is good since most counterfeits were "copied" from the real thing. Is yours real or is it a fake?

Personally, I no longer accept cashier's checks in any fashion differently than I would a personal check. If you want "guaranteed funds" require the payor to wire transfer the funds to your bank account. Now that is good funds.
 

ENASNI

Senior Member
Miss Suzy spiked heels... evil banker... I support you and your cause to take over the world....

E.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top