Am I responsible for a fraudulent check I received and deposited?

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Am I responsible for a fraudulent check I received and deposited?

I was the victim of online scam and deposited a check I received. I waited 3 days for the check to clear before spending any funds. After the check bounced, my credit union told me that I was responsible for the money even though they had

Asked on June 26, 2018 under Business Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you are not being lied to and you are responsible. This type of scam counts on the fact that payment from a check can be denied even after it has allegedly cleared--but since you took the money out from your account, you received funds to which you are not entitled and therefore must return them. If you do not, the CU can sue you you and will almost certainly win--and may be able to get legal or court costs from you, too. An account holder is responsible for all amounts taken from his/her account.
In the future, be aware that any deal or transaction that seems too good to be true is; also that legitimate business or investment opportunities do not county on strangers answering online ads or recruitment or emails. Demand payment in "firm" funds unless  you are well acquinted with the party or have some reason to trust them (e.g. recommendations from those you trust; they are local, so you could sue them easily if necessary; etc.)--i.e. only accept payment if there is *any* doubt in money orders, certified checks, and the like.


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