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Who's responsible for a bad check, cleared by the bank, released its funds, but discovered later the check was bad?

Groveland, FL |

I deposited a check into my checking account. A new check not previously deposited. Several days later the bank cleared the checks, releasing the money. I spent the money. I get a phone call from the bank informing me that the checks were in fact bad and that I am now responsible for the bad checks. Is this true? Seems to me the bank cleared the check, released the funds, they should assume some liability for the bad checks.
After all, I did what I was supposed to do, deposit the checks and waited til the bank told m they were ok.

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Filed under: Fraud
Attorney answers 2

Posted

Bogus checks like that are a frequent fraud scheme perpetuated by overseas crooks, frankly. You need to talk to a commercial law attorney near you right away. You need to talk to a local attorney who deals with this kind of case. You can search the Avvo web site or call your local attorney's Bar Association and ask for a referral to an attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. Thanks and good luck. Ron Burdge, www.BurdgeLaw.com

This answer is for general purposes only and does not establish an attorney-client relationship. Click the link to find a Consumer Law attorney near you.

Posted

My understanding is that banks will very often make the funds available prior to the checks officially "clearing."

At minimum, you may have a valid claim against the maker of the check for up to three times the face value of the check (you first have to give them 30 days written notice by certified mail in the form prescribed by Florida law).

I hope that helps.

Legal Disclaimer: Review of questions submitted and answers or comments thereto do not constitute a legal consultation or create an attorney-client relationship. This avvo answer is based only upon the review of the information contained in the question posed, and should not be relied upon as legal advice. Please consult with an attorney who can review your entire situation before acting upon any perceived recommendations or advice.

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