What is the name of your state (only U.S. law)? Washington
A while back my husband and I fell victim to one of those online "work at home" scams that requires you to cash a check,keep a small portion, and send it on. (yes, I know, retarded) We took a funky looking check to our bank and cashed it, depositing our alloted amount and took the bulk in cash. The teller did not seem to verify the check in any way, or make us wait (it was over 4000 dollars), just simply cashed it and handed us the money.A few days later we were notified the check was no good and learned we were responsible for the whole amount. We went in to the bank and explained to the same teller why we were there and she said "I thought that check looked funny." In speaking to the bank manager we were assured that we were in fact responsible for the total amount. Our account was closed and the bank promptly turned the matter over to their legal department.We've been dealing with trying to pay it off ever since and it has wrecked our ability to open an account at other banks,etc.
My question is how would we fair if we took BoA to small claims court in an effort to collect half the total amount? THEY are the banking experts and did nothing to verify the check.How were we to know it was not good? I feel they should share in the blame and responsibility.We were stupid, so were they. This is ruining us financially, for them it's 27 seconds of bounced check charges....What is the name of your state (only U.S. law)?
A while back my husband and I fell victim to one of those online "work at home" scams that requires you to cash a check,keep a small portion, and send it on. (yes, I know, retarded) We took a funky looking check to our bank and cashed it, depositing our alloted amount and took the bulk in cash. The teller did not seem to verify the check in any way, or make us wait (it was over 4000 dollars), just simply cashed it and handed us the money.A few days later we were notified the check was no good and learned we were responsible for the whole amount. We went in to the bank and explained to the same teller why we were there and she said "I thought that check looked funny." In speaking to the bank manager we were assured that we were in fact responsible for the total amount. Our account was closed and the bank promptly turned the matter over to their legal department.We've been dealing with trying to pay it off ever since and it has wrecked our ability to open an account at other banks,etc.
My question is how would we fair if we took BoA to small claims court in an effort to collect half the total amount? THEY are the banking experts and did nothing to verify the check.How were we to know it was not good? I feel they should share in the blame and responsibility.We were stupid, so were they. This is ruining us financially, for them it's 27 seconds of bounced check charges....What is the name of your state (only U.S. law)?