Legal Question in Civil Litigation in Georgia
My name is Milton Johnson, I have a patented invention of which I was contacted by a person in Dubia as to whether I wanted to sell the prototype or make arrangements for a buy out. Jumping forward, I negotiated with this person for three months, while having reservation that this could possibly be a scam. They forwarded me a check for $48,931 supposedly as earnest money to say that they were indeed serious . I submitted the check to my credit union and they cleared it in three days even though I asked them to make sure that this was all the time that they needed. I was notified on the third day from my credit union that I could pick up the check and move it to Wells Fargo Bank. Prior to this, I contacted the bank in Kentucky to verify that the check was good; was told that money was in account. Was told to forward the check to Hang Seng Bank out of the country; of course, the money was then taken off the account and the crooks had launded the funds before my credit union actually got clearance that this check was actually good. Now, my credit union has charged me for the full amount, even though I asked that they make sure that this was legitimate. I have proof that my credit union called me on the phone prior to clearing the check to tell me that the check was good; as it was not. Do I have grounds for a lawsuit since MY credit union actually had me investigated even though I asked them to wait the normal 7 to 10 days on this check, even though they only waited 2 to 3 days?
2 Answers from Attorneys
It is not your Bank's responsibility to make checks good, or be the guarantor or insurer of checks you deposit, which is essentially what you are asking. The person you would sue is long gone, unidentifiable, and well beyond the courts here. Sorry, but this was an obvious scam from the beginning. Had you had a lawyer (or probably accountant or other businessman) review it, they would have told you to stay far away.
You fell for an obviously blatant scam. Had you spent $100 on a consultation with a lawyer you would have saved $48,931. That is how much you owe the bank and you must pay it.
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