bank is going to sue me?????

What is the name of your state? oregon.
i sold a car overseas over the internet to a person posing as a car dealer. he was to pay me $6K with a cashiers check. i got a check for $14500. he aknowleged the mistake and had me wire draft a refund. the day i was to ship the car over 1 week later the check came back counterfit. my credit union is going to sue me for the lost funds unless i sign a high interest loan through them or give them the cash($8400). i do not want to take the whole loss. there are two banks involved. my credit union, and us bank where the check was stolen and alterd. do they have any responsibility? should i let them take me to court or take their loan? i do not have to $8k. i need advice fast!
justin
email: [email]jthyr@hotmil.com[/email]
541-979-1975 is the name of your state?

It appears to me you may be on the line on this one. When you deposit a check into your account, you are responsible, not your bank, for the validity of that check. Let's suppose the check was simply NSF. In that case the bank would have debited your account for the amount of that check. The fact that this check was counterfeit and not simply NSF is of little consequence. Banks are not responsible for deposits we make in our accounts, we are. Imagine what would happen if banks had to "eat" all the bad deposits made by customers. That would put an end to the banking industry as we know it. I am not an attorney but
perhaps an attorney will also respond to this post and offer expert advice. Good luck.

You were in such a big gigantic hurry to sell the car....you forgot about making sure you had the money clear in your account before you shipped it.

So where is the car now?

[LCS]

The same thing happened to me, except the bank rep told me the check had cleared and then I relied on their confirmation to disperse funds. let me know what happens. Mine was Bank of America and they're backpaddling like crazy. Best of luck.

I have talked to a three attornys they all tell me not to sign the banks loan. As of now I have no contract that ties me to owing the money ,and i did not commit any wrong doing. The bank will have to take me to court to get the funds In the meantime i am searching for an attorny that specializes in banking. It will be a year before they actually get me to court so on the advice of the attornys i will not sign the loan. I will keep you posted as soon as I get more info. Please keep me posted as well.
Justin

Wait a minute......let me get this straight.
You have talked to 3 attorneys regarding a banking matter and you are still looking for an attorney to represent you WHEN the bank takes you to court?? What's wrong with 1 of the 3 mentioned above!!??

Hello!!

Whats wrong with having a brain surgon deliver a baby! Ive never heard of that! I guess it makes sense to me. Just like medical with certain legal situations you need a specialist. I consulted with two general practice attorneys. the other is the attoreny I used for a divorce. Of couse he was the first I talked to, and suggested seeking the advice of at least three others before proceeding. Both of the geneal practice attorneys gave me the same advice(not to sign the banks loan), and directed me to the state bar assosiation to find an attorney that specailizes in banking. These guys are pretty rare so I will have to search my nearest metro area. this is portland or. Any leads are appreciated! by the time we even get close to a court date I will have the cash raised to either pay, or negosiate what I owe. At leat I will have used all of my resourses, know my exact legal rights, and have some kind of bargaining chip before I sign anything that commits me. I will keep every one posted. All veiws are appreciated. business like comments only please.
Justin

[dncr]

I'm sorry, but the bank you gave a bad check to should not have to eat it. This situation really sucks, but you need to give them their money back...then go after the scammer to recoup your losses. Good luck!

New information! This check was stolen from US bank and forged! According my attorney to this makes US bank liable. If it was just a fake I would be the only one to take the hit. My bank new about the status of the check 5 days before they contacted me. There is somthing fishy going on with them! I think they knew that if signed the loan with them they would have secured the money with a signed contract. I would be responsible for the money regardless! Probably alot easier for a small credit union than trying to get it from US bank. They used many threats, and scare tactics to try, and get me to sign. They are as bad as the scammer who stole the check! They do not know that I have the information yet, but I assume they have an idea. They were always very inquisitive about what attorneys I had talked to. I really belive they where trying to get me to sign before I found out the law on stolen checks, and that this check was indeed stolen. Either way I should have this mess at least headed in the right direction by 5-7-02. At that time my attorney will give the credit union a final answer on my decision to pay the money. Will keep you posted. All veiws appreciated!
Justin