Legal Question in Civil Litigation in New York

I was scammed

I recently sold a car online and received a cashier's check for payment. The check was for more than the cost and i wired the balance to the buyer as planned. The check I cashed at my bank. I waited until the bank said it was clear and then withdrew the money and wired it to the guy. The next day my bank called and said that the check as fake and wanted the money back!I don't have it because the buyer does. Now my bank wants me to repay and I can't afford that, my husband is disabled. Shouldn't the bank be responsible since they released the money after I waited? I don't know what to do. Please help!--name [email protected]


Asked on 8/07/03, 9:52 pm

2 Answers from Attorneys
Mitchell Drucker Law Office of Mitchell S. Drucker

Re: I was scammed

Try contacting law enforcement (either at the state level or the federal level). Since all cars have vin numbers, and he/she likely registered the car and/or sold it to someone who did, they should be able to track down the person who scammed you.

Read more
Answered on 8/07/03, 10:21 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: I was scammed

This is a common scam. I represented a woman who was used by the Russian mob in the same bank-fraud scam. We hung tough and the FBI backed down. She was never charged with a crime.

I recommend reporting the matter to the FBI immediately. In addition, do not return the money. You will be pressured, but hang tough. The bank may not be able to shift the loss to you because you are a consumer and relied on the bank's act of 'clearing' the check.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

Read more
Answered on 8/09/03, 8:55 pm


Related Questions & Answers

More General Civil Litigation questions and answers in New York