Legal Question in Civil Litigation in North Carolina

I put an ad on Craigslist looking to keep children in my home. I got a reply from this person claiming he would pay me $300-350 to keep his 2 year old daughter for 3 hours a day M-F. Then before I knew it he had sent me a check for $2700 and told me I was to cash the check, take $500 for my pay and then western union the remaining amount to his "housing agent". I did not cash the check and I emailed him and told him I was not going to cash the check and I wanted nothing more to do with him. Now he has threatened to turn me into the FBI. I know this is a scare tactic, but I need to know what I should do if anything.


Asked on 8/01/12, 1:04 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It sounds like a scam to me. (Scammers often send large checks that turn out not to be good, but before the check is returned by the bank they persuade the victim to withdraw some of the money and send it to them.) You haven't committed a federal crime as far as I can see, so the FBI won't care. And while I'm no expert on North Carolina law, I very much doubt you committed a state-law crime either.

If I'm right about what's happening, then this man is the one who is trying to commit a crime. It's not clear from what you wrote whether the crime would be state and/or federal. But you should contact your local police and/or the FBI right away and let them know what's happening. They may want to investigate. Even if they don't, they will maintain a record of your call and that could be useful later.

Even if the man really was trying to hire you to watch over his kids, it's not clear that you and he formed a contract. And even if you did, you had the right to breach it. You might have to reimburse him for any losses your breach caused him, but I see no reason to think there were any -- even in the unlikely event that he is legit.

Your best bet is to save all of the emails you and he exchanged, as well as a copy of your ad. If any of your discussions were by phone or face-to-face, you should send him an email setting forth what the two of you said. Copy the check (front and back) and return the original to him by certified mail, along with a letter that says you're returning it uncashed. Keep a copy of the letter too.

Good luck.

Read more
Answered on 8/01/12, 1:44 pm
Jeff Rosner Rosner Law Firm P.A.

This is not legitimate. I would contact the police. I would return the check if the police tell you to do so but I would not have any further contact with this person.

Read more
Answered on 8/02/12, 4:37 am


Related Questions & Answers

More General Civil Litigation questions and answers in North Carolina