If I was scammed, is my bank partially responsible?

UPDATED: May 25, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 25, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was scammed, is my bank partially responsible?

I was recently scammed for $3000. The check came from out of state. The teller at my bank called and verified the check amount and cleared it. I was able to withdraw all of the money from my account the same day, with no holding days. Then 3 days after withdrawing the money, I was informed by my bank that I owed them a significant amount because of the checks and that I was to pay it back. Is my bank partially responsible for it?

Asked on May 25, 2012 under Bankruptcy Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, the bank would almost certainly not be liable. From what you write, the bank was not negligent or careless--they took steps to verify the check. In the absence of some negligence, or unreasonable carelessness, on the bank's part, it is not responsible for a third-party's criminal actions or your choice to withdraw the money. (Almost always, liability, or financial responsibility, depends on fault, or doing something wrong; and fault is not merely being wrong, but instead acting carelessly, recklessly, or intentionally doing something known to be wrong.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption