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Fraud?

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mtdun

Junior Member
What is the name of your state? CA

I deposited a check that is bad. Before withdrawing and using the funds, I asked my bank both in person in a branch and over the phone if the check cleared. Both times, the teller and customer service representative said "yes, the check cleared, the funds are made available". That was not the case, the check was on hold and did not clear. Now I am out of the money since I received the check from someone I didn't know and it was a scam.

Is the bank responsible at all for not giving me the proper information?
 


CdwJava

Senior Member
You fell for one of these?!?!

Let me guess ... you won some lottery, they gave you a check for taxes or other expenses, and all you had to do was wire them some of the money from that check for taxes and fees? These letters go out by the tens of thousands in the hopes that maybe 1% of the recipients will be fool enough to take the bait.

How much money are you out? The the most recent one I saw asked for $2,450 from a check for $4,850 on a $485,000 Canadian Lottery winning ... though the envelope was postmarked from Canada and the alleged lottery company had an address in Texas.

In any event, you MIGHT have a civil claim against the bank if the clerks you spoke to back your story up. It is also possible that the clerks you spoke to just didn't know. Sort of like, "I dunno ... I guess it cleared." I doubt that anyone is going to admit they told you that the money was credited to your account if it was not. If the money WAS deposited into your account, that should be available on your history.

Consult an attorney if you want to make a claim against the bank. But if it goes to court, be prepared to be made to look like a buffoon by their attorney for falling for the scam. Esepcially when a simple Google check can usually find out that the info is bogus.

Good luck. And next time, don't trust checks from strangers.

- Carl
 

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