Legal Question in Banking Law in California

Im not sure if u can help, but I was issued a fraudulent check from Allstate insurance I received in the mail. I deposited the money and it cleared. I withdrew the money since they told me I had to send it to them. Now my account is -$4000 because it was fraudulent and they are expecting me to pay it back. All the fees I pay at the back are supposed to fund security systems to protect me from things like this. They should have made sure it was legit before giving it to me. Shouldn' t the person who sent me the check be held responsible ? Can I fight the bank and help save my credit?

Thank you for your time

Sarah Armstrong


Asked on 11/30/09, 11:39 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

Sounds a little suspicious to me so why don't you just sue Allstate for sending you a bad check? Obviously you had some claim against Allstate for them to send you a check right? If you didn't have a claim against Allstate then why did you deposit the check in the first place?

So if you had a claim against Allstate and they send you a bad check, go after them for the check and the fees they caused you, if you didn't have a claim against Allstate and deposited the check its your fault that you got stuck for all those fees.

Hope that helps and good luck.

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Answered on 12/06/09, 12:42 pm


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