Legal Question in Business Law in California

Cashiers Check Is Counterfeit.

I sold my trailer on ebay...and it sold for $6400.00....shipping included...I deposited the cashiers check in my account at Wells fargo Bank... they checked it and assured me the check was good. I started making plans to have the trailer shipped and ws readym to ship and 1 week after deposit..I checked and my account showed the check was good..so I called just to be careful..and the bank assured me the check was good..

I sytarted to spend the money..on bills and things and a deposit for shipping the trailer...and was ready to ship...when 2 weeks after...I deposited the money...Wells Fargo Bank... just sent an email saying there might be a problem with the check.. then a few days later they called and said the check was a fraud..I spent over $2,000 dollars and all the checks were bouncing....

Except for $2100 dollars worth.

Now Wells Fargo..has suspended my account...and are demanding repayment of $2100 dollars...threating lawsuits...and damaging my credit..

I contacted an attourney and they said Wells Fargo...has 24 hours to claim a check is bad and stop payment and cancel...it.. yet...Wells Fargo Continues to call me and harrass me 10-15 times a day...

I ASK...WHAT SHOULD I DO?


Asked on 6/09/09, 3:28 pm

3 Answers from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Cashiers Check Is Counterfeit.

Hire an attorney and sue the buyer and your bank.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 6/09/09, 11:31 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Cashiers Check Is Counterfeit.

You are the last person in the world to find out about the fake check scam. fakechecks.org

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Answered on 6/09/09, 3:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Cashiers Check Is Counterfeit.

Whoever told you the bank had only 24 hours to recognize the forgery was wrong. The bank must act quickly once it learns that the check was no good, but learning of the problem can take time. The 24-hour limit you describe would invite forgeries, which is one reason it doesn't really exist.

Forgeries sometimes take a month or more to discover. For instance, the owner of the account the money came from may not learn of the check until he sees his next statement. It would make no sense for the law to hold your bank responsible for a forgery it could not have discovered on its own.

You were in a position to assess the reliability of the source and your bank wasn't, so the law to holds you responsible rather than the bank.

The precautions you took were reasonable, but they turned out not to be sufficient. That does not mean you get to keep the money. The problem is still yours rather than the bank's.

I'm sorry I can't be more encouraging.

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Answered on 6/09/09, 5:48 pm


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