If a bad check is given to my bank for processing if they allow me to receive the funds who is accountable.

Asked over 1 year ago - Greensboro, NC

I recently got scammed for $1,900.00 on Craigslist "selling a bike" The end result was I received a check $1,900.00. it was a bad check. My question is If I had only $2.00 in my account before placing the check into my bank account. Should I be held liable for the bank giving me access to the moneys of the fraudulent check without checking to see if the check was bad first. Should they only allow me the funds available in my account, being the $2.00 until the check is cleared and processed. Bad Check Given to my bank for processing are they responsible for making sure the check is good before giving me the funds of the check.

Attorney answers (1)

  1. Paula Brown Sinclair

    Contributor Level 20

    Answered . This is an ABSOLUTELY CLASSIC Craigslist fraud, to common that Craigslist has gone to exceptional lengths to warn sellers. The scammers offer deals far to good to be true, but too attractive to buyers to heed the warnings. The law is clear that the funds don't belong to the seller upon deposit, but upon collection-- which takes as much at ten days. When the seller sends good money to the scammer, the seller must cover that payment.

    Sorry to have to bring you bad news, but liability is not in the bank, it is yours.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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