Returned check from Bank due to scammer. Being sued by bank. Need some Help!!!

[genuine309]

I had a deal that went through with a guy that supposeably took place in the U.S. for buying a car from me. I was desperate for money so I thought nothing of this possiably taking a turn for the worst. To break it down, I had a car that was junk and needed it out of my driveway. So I put it up for sale on a classified website. I got an email from a buyer for it and he was in another state but was buying it for his junk yard for parts, which was pretty much what it was good for. So he was going to have his secretary at his company send me a check and was having a transporter company he works with that was dropping off cars near my area to pick up the car from my location and would bring it to his. He sent the check in the mail and when I recieved it in the mail the check was written out wrong. He was buying the car for $250 and his secretary wrote the check for $2500. Seemed like an honest mistake. In talking with the guy in email, he informed me about the situation and ask if we could handle it in an honest Christian manner. Well I am an honest christian, so yeah no problem. We agreed that I would cash the check at my bank, and send him back the over payment. He said I could keep an extra $100 form the inconvience of having to drive around and the hastle, which seemed fine considering he was going to be out $2150 if I took my $350 out of it. So I went to my bank, the teller ask for my account number, verified my last name to the account and cashed the $2500 check no questions asked. Not even to check my I.D. Now I have taken a few hundred out and they have ask for my drivers license before, but not for cashing a $2500, I don't know why. So now I take the money, keep my $350 and western union the rest (minus the western union fee, which was agreed between us that would come from that would come out of that as well) to the address supposing to be his secretary. Now, I have made copies of everything, from the start of this whole deal from every recipt to every email, sent and recieved, and bank statments, everything. Now 15 days or so later the check gets returned. My bank withdraws the $2500 back out of my checking account, which was not in there. Which makes my account negitive. Now I talk with my bank about the problem, I file a police report, and open a new bank acoount at another bank to have my regular payroll go into. My bank is not working with my on this, they want it paid back asap. They told me that is states in my account disclaimer that I am responsable for this. So I request a print out from my bank of the disclaimer with my signature on it. An they highlight everything on it that protains to the situation. And it says that I am responseable for checks that are deposited into my account and if they are returned and if there are any transaction withdrawn from that account following that deposit that are returned I am responsable. So I printed out my statement online, and nowhere on there does it even show that there was a deposit to my account or that I cashed a $2500 check with that account. So where is the proof that this took place on my banks part. DO I HAVE A CASE HERE?.

If anyone has any advise for me. Please Let me know?

[chilton1]

I am sorry you were taken in. I read about that in this thread.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=263493&highlight=scam

good luck I dont have an answer for you but at least my response will bump your question.

[bigjohnstud4200]

I had a deal that went through with a guy that supposeably took place in the U.S. for buying a car from me. I was desperate for money so I thought nothing of this possiably taking a turn for the worst. To break it down, I had a car that was junk and needed it out of my driveway. So I put it up for sale on a classified website. I got an email from a buyer for it and he was in another state but was buying it for his junk yard for parts, which was pretty much what it was good for. So he was going to have his secretary at his company send me a check and was having a transporter company he works with that was dropping off cars near my area to pick up the car from my location and would bring it to his. He sent the check in the mail and when I recieved it in the mail the check was written out wrong. He was buying the car for $250 and his secretary wrote the check for $2500. Seemed like an honest mistake. In talking with the guy in email, he informed me about the situation and ask if we could handle it in an honest Christian manner. Well I am an honest christian, so yeah no problem. We agreed that I would cash the check at my bank, and send him back the over payment. He said I could keep an extra $100 form the inconvience of having to drive around and the hastle, which seemed fine considering he was going to be out $2150 if I took my $350 out of it. So I went to my bank, the teller ask for my account number, verified my last name to the account and cashed the $2500 check no questions asked. Not even to check my I.D. Now I have taken a few hundred out and they have ask for my drivers license before, but not for cashing a $2500, I don't know why. So now I take the money, keep my $350 and western union the rest (minus the western union fee, which was agreed between us that would come from that would come out of that as well) to the address supposing to be his secretary. Now, I have made copies of everything, from the start of this whole deal from every recipt to every email, sent and recieved, and bank statments, everything. Now 15 days or so later the check gets returned. My bank withdraws the $2500 back out of my checking account, which was not in there. Which makes my account negitive. Now I talk with my bank about the problem, I file a police report, and open a new bank acoount at another bank to have my regular payroll go into. My bank is not working with my on this, they want it paid back asap. They told me that is states in my account disclaimer that I am responsable for this. So I request a print out from my bank of the disclaimer with my signature on it. An they highlight everything on it that protains to the situation. And it says that I am responseable for checks that are deposited into my account and if they are returned and if there are any transaction withdrawn from that account following that deposit that are returned I am responsable. So I printed out my statement online, and nowhere on there does it even show that there was a deposit to my account or that I cashed a $2500 check with that account. So where is the proof that this took place on my banks part. DO I HAVE A CASE HERE?.

If anyone has any advise for me. Please Let me know?

That's the latest SCAM going on. It's been on Judge Judy, Joe Joe Brown and Judge Mathis (yes, I'm a judge show freak). Anyways, everytime it's on the judge shows the person that deposited the check is screwed out of the money. The banks are not responsible at all and trust me, the bank will have everything they need to prove that you got the money. Unfortunitely, you are probably screwed out of your money.

[Leadhead]

Wow! What a mess.

However, since you didn't deposit it into your account, I fail to see how they can debit your checking account for the amount. You cashed the check. The bank should've contacted the bank the check was drawn on, verified the funds were there, and only then cash it.

Perhaps you need to look up banking regulations and see what they say. Also, post your story on this site: http://www.bankersonline.com/

See what they say about it.

[Methuss]

Checks cashed at your own back are done on a "provisional credit" against your own account. Never cash a questionable check at your own bank. Take it to the bank it was drawn on to be cashed. And never accept a check for more than the amount owed to you. This is called the "Nigerian Scam" and once you Western Union the difference you are screwed. There is no recourse.

Your only hope is to look at a calendar and wish that the bank did not find the mistake less than 10 business days after you cashed the check. If the bank missed it and did not discover the error within those 10 business days, then by law the money is yours and they must eat the mistake. This is called "Regulation E", section 205.11 of the Electronic Funds Transfer Act.

[newbie7069]

Did they pick up the car??

I guess I'm wondering if there could be something done legally about that part?

[genuine309]

no they never came for the car because their intension was never to buy the car, just to use it as a loop hole to get a check cashed and have money sent to them.

[genuine309]

yeah but the disclaimer for my account that I signed says that I am responsible if it is deposited into my acoount and I write checks against it and they bounce, I am to pay those back, but it never shows that I deposited it in my account. I just cashed it and it shows nothing on my statements that this happened. I have other checks that I have other checks that I have cashed and deposited and they show on my statements, but not this one.

[CarolinaBlueEyes]

Sadly you will have to pay this... these scams are becoming more and more common in many ways.. i am sorry this happened to you

[bigjohnstud4200]

yeah but the disclaimer for my account that I signed says that I am responsible if it is deposited into my acoount and I write checks against it and they bounce, I am to pay those back, but it never shows that I deposited it in my account. I just cashed it and it shows nothing on my statements that this happened. I have other checks that I have other checks that I have cashed and deposited and they show on my statements, but not this one.

When they "cash third party checks", they are cashing them against your account. Just because they don't show on your statement doesn't mean that it didn't happen. Think about it like this, say you were to take a check written to you on Bank A to Bank B where you do not have an account. Do you think Bank B is going to cash a check from Bank A and you don't have a bank account with Bank B? No, they send you packing b/c they want someone accountable. If you cashed a check your buddy gave you at your bank and it bounces the bank takes the money out of your account and you have to go after your buddy. In this case, it's up to you to go after who scammed you, however, it's going to be a lot harder to find them.