Bank declaring fraudulent check > $414 deducted from my account

[Erikdmunky]

What is the name of your state? Florida
Customer (the thief) located in California.

Hello,
Im hoping somebody on here could enlighten me on an issue regarding a fraudulent check that was cleared into my account and now is being deducted long after I sent the merchandise. Ive been buying and selling online for a few years now and this is the first time Ive run into something like this for Ive always tried to do everything I can to protect myself from online fraud.
On April 1'st, An ebay user of +1 year with perfect feedback purchased an Air conditioner from my store.

April 9'th - I recieved a Bank of America personal-Electronic check for $414 and deposited it into my Bank of America account the same day. The funds cleared faster than usual (same day) but this wasnt a surprise since it was a Bank of America check going into a Bank of America account.

April 11'th - I waited a few days just incase and shipped the merchandise the 11'th.

April 16'th - Even though I didnt realize it until just a few days ago, the amount of $414 was evidentally deducted from my account the 16'th (according to my online baking summary)

Apirl 25'th - I opened a Bank of America letter (that was postmarked on the 19'th) stating the check in question was "negotiated through Bank of America and returned unpaid by the makers bank (in other words, the BofA in CA).

I dont know what kind of case I have and what I can do to get my money back. Im right out of college trying to make ends meet and a $414 draft is very discouraging.
Of course, this guys feedback for the past month all has followups from other sellers stating the checks are "fraudulent" or from "a closed account" - http://myworld.ebay.com/gnoinu/
What's the most surprisng for me is that it took Bank of America over a week to realize a check that was written from one of there own Branches was no good. How did that happen? This defianately sounds like something that was there fault that Im taking the fall for. Im gonna contact the number on this notice tommarow but I was hoping you guys could tell me what the odds of me getting my money back are. Thanks in advance for your insight.
Sincerely, Erik Vangeloff

 

[FlyingRon]

I dont know what kind of case I have and what I can do to get my money back. Im right out of college trying to make ends meet and a $414 draft is very discouraging.

You've learned a lesson. Do not confuse funds availability with the check clearing. It can take weeks for checks to bounce. This is perhaps the most misunderstood thing among pseudo-business people on ebay.

Passing bad checks is a crime. Contact your police department and the police department of the guy who you shipped to.

 

[Erikdmunky]

I always ask my bank when Id know if the Check is good and they always tell me 1-2 days. How am I supposed to know whether or not a check is good if it takes a bank over a week to realize one of there own accounts is not legit? It passed all the obvious signs ..watermarked etc... Am I expected to run chemical tests before attempting to deposit it? I dont know how any other retailer that accepts checks could be any more acute to fraud that I was...whether its an online purchase or a check being written out for groceries---nobody would be able to flag an invalid check. And unlike over-the-counter purchases, I had (what I thought was) the assurance of an isseing bank that would tell me within a reasonable amount of time whether or not the check written out on behalf of there bank is good.

I know its a crime but what difference does it make if that crime is being paid off at my expense? Its obviously not a crime against the bank>>>Im the one whos taking the fall here.

 

[Zigner]

I always ask my bank when Id know if the Check is good and they always tell me 1-2 days.

You should wait 10 business days - that should cover most checks...

 

[ForFun]

I always ask my bank when Id know if the Check is good and they always tell me 1-2 days. How am I supposed to know whether or not a check is good if it takes a bank over a week to realize one of there own accounts is not legit? It passed all the obvious signs ..watermarked etc... Am I expected to run chemical tests before attempting to deposit it? I dont know how any other retailer that accepts checks could be any more acute to fraud that I was...whether its an online purchase or a check being written out for groceries---nobody would be able to flag an invalid check. And unlike over-the-counter purchases, I had (what I thought was) the assurance of an isseing bank that would tell me within a reasonable amount of time whether or not the check written out on behalf of there bank is good.

I know its a crime but what difference does it make if that crime is being paid off at my expense? Its obviously not a crime against the bank>>>Im the one whos taking the fall here.

You probably have no recourse against the bank. It sounds like FR is correct -- you confused fund availability with the check being cleared. Call BoA for clarification, though.

As for the thief: You can sue him for the amount of the check and the fee that the bank charged you. Filing a complaint with the police is also a good idea.

 

[Erikdmunky]

Wow, Im really astonished that everybody seems to be implying that this was pure negligence on my part. I really thought funds being transferred (or made available) from a personal check - draft offered more seller protection that this. The Bank doesnt even try to contact this person despite the fact that a check was cut from his account through there bank. I dont mind doing the police reports and stuff but it just seems BofA not only has the recources but moral resposibilty to find out whats going on here---or atleast give me a lead. Its surprising that nobody seems to think its misleading of BofA to credit funds to your checking account...let the money siet there for 7-8 days and then withdraw it on such vauge grounds. What wouldve happened if I closed the account in the meantime? or I cashed the check at the -1% rate with Quiki-mart? I know retailers dont wait 10+ days after depostiing a check to start processing orders. Even if this guy gets busted & fined for fraud...I wonder how much of an effort they would make to reimburse me. DO you guys think this is even worth investing time and money into? It seems like everybody here is just saying chalk it up to headless horsemen...take the fall and learn your lesson.

BTW, the bank said today that evidentally the check wasnt fraudulent, its just the guy who's linked to the account said he never approved - authorized the check being written out or watever---I guess they call it a "draft"

 

[seniorjudge]

...Wow, Im really astonished that everybody seems to be implying that this was pure negligence on my part....

No, there is no negligence on your part.

You are strictly liable for any check you deposit; no negligence is required.

That means if the check (or money order or hundred dollar bill or whatever) is bad for any reason, you are liable for it.

 

[Erikdmunky]

I mean negligent in the sense that I actually shipped out merchandise without actually having recieved payment. Better yet, ignorant in thinking that even though funds were virtaully posted to my account, they werent actually phyisically there...it was just a numerical representation of what was scribbled on a some piece of paper. I thought there was more validation measures with a check before crediting funds (physical not theoretical). I have signature upon delivery confirmations, contact phone - address and everything. It just doesnt seem right they they leave everything up to me with a situation - facade they had a large part in creating.
I guess Im just surpirsed in myself that I could of fallen for something all you guys seem to be suggesting was an obvious blunder on my part.

 

[Zigner]

I mean negligent in the sense that I actually shipped out merchandise without actually having recieved payment. Better yet, ignorant in thinking that even though funds were virtaully posted to my account, they werent actually phyisically there...it was just a numerical representation of what was scribbled on a some piece of paper. I thought there was more validation measures with a check before crediting funds (physical not theoretical). I have signature upon delivery confirmations, contact phone - address and everything. It just doesnt seem right they they leave everything up to me with a situation - facade they had a large part in creating.
I guess Im just surpirsed in myself that I could of fallen for something all you guys seem to be suggesting was an obvious blunder on my part.

You made a mistake. It's only "obvious" in hindsight.

 

[seniorjudge]

You made a mistake. It's only "obvious" in hindsight.

Yes, if you are in business, you can expect bad checks.

 

[ForFun]

BTW, the bank said today that evidentally the check wasnt fraudulent, its just the guy who's linked to the account said he never approved - authorized the check being written out or watever---I guess they call it a "draft"

It sounds like the check was forged. If so, that may explain why it seemed like the check cleared. The check probably did clear, then the account owner discovered what happened and complained.

The bank is liable to the account owner for accepting a forged check, you're liable to the bank for presenting a forged check, and the forger is liable to you for paying you with a forged check (retailers ask for ID to avoid this problem). It makes perfect sense.