Am I responsible for bank error

Asked 11 months ago - Dana Point, CA

I deposited a check and the bank says I could get cash out in 2 days. I came back and got the money and now come to find out the check was fraudulent and charging me overdraft fees and the amount of that check which was $3,500. Is this my fault that they gave me permission.

Attorney answers (2)

  1. Robert John Murillo

    Contributor Level 20

    3

    Lawyers agree

    Answered . I am sorry, but you fell for a very common scam. Under federal law the bank merely has to confirm that the check looks valid. They must release the funds in a certain amount of time and that is before they will know if the check is bogus. Just because they release the funds does not mean the check was good. If the check was bogus, you are responsible. This is not bank error. You were the victim of a scam. Here is some discussion http://www.consumer.ftc.gov/articles/0159-fake-... and http://www.fakechecks.org/index2.html# Sorry and good luck.

    This answer is for informational purposes only and is not legal advice regarding your question and does not... more
  2. Athina Karamanlis Powers

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I agree with my colleague .You need to repay the bank. Ask them for a loan to repay the overdraft.
    Some banks assist their customer when they are victims of fraud like you.

    Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE). The information... more

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