Unfortunately, the depositor of the check is probably liable. Generally, a bank issues is customers a provisional credit for a deposited check. In other words, the never actually represent to you that the check has cleared, there is a hold on the check, but you are being provisionally credited for the funds. As the account holder, you are supposed to be on notice that the check may bounce, or be fake, etc. There are a number of ongoing scams out there like this, people offering to hire you, put checks in your account for them, and write them a check against your account, with some even showing what appears to be a cashier's check (that is fake). But in those cases, the customer who writes the check is still liable.
Reg CC repeatedly uses the language of maximum time periods of unavailability: ". . . shall make funds deposited in an account by a check available for withdrawal not later than . . . ." If an institution wants to make the funds available earlier, it is not prohibited from doing so by banking regulations.
This is a repeat post.
Twin Cities & St. Cloud, Minnesota licensed attorney, Tricia Dwyer, Esq.: Phone 612-296-9666. CIVIL LAW, FAMILY LAW, CRIMINAL LAW, LAW, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 - EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net