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My employer gave me a fraudulent check that overdrew my bank account. What kind of lawyer should I contact in order sue ?

Elk Grove, CA |

I responded to a craigslist ad for a Work at Home position. I looked up the business website and it seemed legit. I applied and was hired after about a month. My employer sent me a payroll check for reimbursement of equipment to work at home. After depositing the check into my bank account, it was declared fraudulent and overdrew my back account leaving me in debt. I had no absolute idea that it was fraudulent. I believe that I have been scammed. I still have the contact information from the company as well as all correspondence between us and I am still in possession of the fraudulent check.

Attorney Answers 3


  1. This sounds like a scam. Call the police. You have been the victim of a crime.

    It is highly unlikely you will get an attorney to take this case because the possibility of collecting is very low. Criminals like this do not have assets to collect against. Therefore, unless you want to pay an attorney by the hour to prosecute a claim, you will not have much of a remedy, unless the police are willing to track this person down and the DA prosecutes. Then, you might get a recovery as part of the criminal restitution process.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  2. This is a classic fake job/fake check scam. Scammers draft purposefully bad checks and then give you a reason to pay some of that money back, often in connection with a "work assignment" of some kind. Your bank doesn't realize the check is bad until after you send money, and then when your bank revokes the funds you are out-of-pocket for the difference.

    You can report this fraud to your local police and IC3, a division of the FBI that handles internet-based crime.

    http://www.johnphillipslaw.com

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.


  3. I agree with my colleagues: Regrettably, you are the victim of a scam. You can a small claims action (too little at stake for a litigator to take the case), but your likelihood of recovering anything probably is near zero.

    This information does not constitute legal advice and does not establish an attorney-client relationship.