Legal Question in Banking Law in Colorado

cashiers check

I made out a cashiers check to a business. The check was checked at a check cashing institution who then deposited it in a bank. The business had no account with the bank and obviously no business account with a check cashing insitution. Both institutions are in Colorado. Was this check improperly cashed due to the fact that the money never went into the business account of the business it was made out to and if so how do I hold the bank or check cashing institution to refund my money? Contacting the business is useless as they refuse to answer any of my questions. I want to hold the bank or check cashing institution responsible if possible.


Asked on 6/28/08, 1:18 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: cashiers check

You asked about responsibility for a bad check.

You got hornswaggled in what is known as a Nigerian or 419 scam.

The problem you will have is that you are likely partially culpable. You haven't disclosed the circumstances of the situation so I can't speak to it. But often these scams trade on a persons desire to get something for nothing.

You can file a complaint with the attorney general's office and with the Federal Trade Commission. if either catches the perpetrator you may see some compensation but otherwise consider it a lesson learned.

There are options for you to claim defenses but you would need to consult with a lawyer in detail to discuss these.

Regards,

Roger

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Answered on 6/28/08, 2:15 pm


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