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I am only 19 years old I have a 1 year old daughter and Im in serious trouble. I have a car loan, I owe money to many different collection agencies for phone bills, electric bills and i am in the process of getting a class 4 felony for deceptive practices. The deceptive practice is not my fault,I was selling on EBAY and sold a car I recieved a cashiers check and deposited it in my bank they acepted it and even gave me 300 cash. 3 weeks later and 8 written checks later i recieved notice from my bank that the cashiers check was counterfeit and they closed my account. I dont know who I should talk to or what to do to get out of this mess. can some one help me in terms that i will understand????

Posted: Tue Oct 11, 2005 1:44 am Subject:

Have you tried to taqlk to your bank and let them know that it was not your fault about the cashiers check and try if they will accept a payment arrangement from you even though the account is closed?Have you gone to the police and made a report about the information of the person who gave you the casheirs check?

shbear · Posted: Tue Oct 11, 2005 7:14 am Subject:

What is a class 4 felony for deceptive practices? Is the bank pursuing you legally because of the checks or are the folks you wrote the checks to pursuing you?

confused · Posted: Tue Oct 11, 2005 11:07 am Subject:

The checks were all written to wal-mart and they are pursueing me in court. I went to the bank and I was told to leave, they wouldnt let me even talk. The bank was always rude to me from the time I opened the account 9 months before all this happened to me. In the 9 months I had the account I never wrote a bad check.

Posted: Tue Oct 11, 2005 11:11 am Subject: oops for got to login

That message was from me I just forgot to log in.

Posted: Tue Oct 11, 2005 11:34 am Subject:

Lindsey

I don't see your fault anywhere as you just deposited a cashier's check drawn to Wal-Mart in your bank account. Since you have already received 8 written checks, you are likely to receive the 9th check also from the same company. You can inform your bank in advance to do thorough investigation on it and get the criminal arrested. At the same time, you should lodge your complaint at the police station also since they will have a report of it in their file.

shbear · Posted: Tue Oct 11, 2005 12:14 pm Subject:

Who is your bank? I had WAMU and they closed my account without informing me because Cash Today kept taking money out even after I put an ACH stop on them. I didn't even find out until I tried to use my debit card for gas. Now I can't even get a new bank account because they said they put a black mark on me with ChekSystems.

Posted: Tue Oct 11, 2005 1:00 pm Subject:

Shbear, did you explain your bank about the illegal activities of Cash Today Ltd. They had been doing unauthorized debits and you are not required to suffer for it. They should understand your situation.

Posted: Tue Oct 11, 2005 1:34 pm Subject:

lindsey_john_cara

You mentioned you sold a car on ebay, and you got this cashiers check. Cashiers check are almost impossible to fraud. Usually personal checks are the only ones banks will hold back. But since this was a money order/cashiers check you were fine. Cashier checks come directly from the bank. They are usually drawn off someones account who does not want their information to be public, or to a private individual. These are the same as money orders in only one difference. The funds are gaurunteed.

Did you persue the person who bought the car from you. Since this was a transacation that was between you and the buyer you need to contact the police and file fraud charges to protect you. They will then launch their own investigation. If you have not spoken with an attorney, I suggest you do so this week. You mentioned a class 4 felony, and with that being on your record (any felony), you can never vote again, or leave the country. Your neighbors will know, and quite possibly an employer.

Do you still have the car? If you never gave the car to the new owner, the cashiers check could of been stopped. Making an attempt like to defraud an individual is considered a felony.

Regards-
Mike

Shbear · Posted: Tue Oct 11, 2005 1:46 pm Subject:

Ben,
I explained all that and WAMU's Loss Department didn't want to hear about it. They wouldn't work with me or give us another chance. They just closed it.

Posted: Wed Oct 12, 2005 3:58 pm Subject:

Have you filed a fraud police report yet? If you were given a fraudulant payment for a car, then you need to make sure you file the police report.

Have you received your car back yet? You need to make sure you're following through with these essential "things to do" if your facing a felony charge.

Regards-
Mike

Posted: Thu Oct 13, 2005 5:28 am Subject:

I have had my bank hold a cashiers check from another bank (home equity loan) for up to 9 days. Pertty much every bank I have talked to will do the same thing. I think counterfeiting cashiers check must be a bigger problem than most people think.

However, if you are facing a Class 4 felony, that would mean the bank has filed criminal charges against you and the District Attorney is persuing the case. In order for them to actually convict you of the charges they would have to prove beyond a reasonable doubt that you planned and executed a plot to pass counterfeit checks. Remeber in criminal cases the burden of proof is on the bank and district attorney to prove their case,not on you to defend yours. I would imagine that would actually be fairly hard for them to prove. You are entitled to a free representation if you can not afford an attorney of your own. When you appear in court, you simply ask the judge for a court appointed attorney.
In addition, contact Ebay's Security department and file a report with them and also ask for as much information on the purchaser of your vehicle as they have. You also should (if you havent already ) file a police report. As you also (not just the bank) are a victim of fraud. The person practicing deceptive practices is the person whop paid YOU with a fraudulant cashiers check. Once you talk to your attorney and the District Attorney they may drop the charges all together.

As for the liability for the 8 checks you wrote against the funds that were supposed to be in your account from the cashiers check, well, you will need to consult a consumer attorney to determine your actuall liability for them (maybe the district attorney could even answer that for you). However, I think you will be required to take responsibility fotr them either way. In that case you will need to make arrangements with Wally World and who ever else you wrote them to. If you contact them at the corporate level (dont mess around withthe clerk in the store) and explain the situation, and provide information to back up our story, they may waive their fees. This may seem like closeing the barndoor behind the horse, but you need to do this to protect yourself.

Shbear · Posted: Thu Oct 13, 2005 6:47 am Subject:

Also, if the bank is the one filing criminal charges it must be because of the amount of money on those cashier checks. Was it a large sum of money?

Posted: Thu Oct 13, 2005 7:34 am Subject:

Shbear..
If you filed a police report, you should contact Chexsystems Directly and explain the situation. They my seek to have WAMU validate it, or delte it out right. Worst case scenario, they are required by law to allow you to place a consumre sttement on the account.

ChexSystem is a Consumer Reporting Agency, and as suc h is subject to the Fair Credit Reporting Act. In order to get it cleared up, it may require an attorney.

Shbear · Posted: Thu Oct 13, 2005 9:41 am Subject:

I don't owe WAMU any money. I cleared up any overdraft charges there were. So I can contact Chexsystems and discuss with them. I may do that because we want to get another bank account and can't....we have tried Wells Fargo, etc.

Posted: Thu Oct 13, 2005 9:45 am Subject:

Shbear

Have you tried applying for just a savings account. Most places will consider you for a savings account, and when it comes time for bills they can draw up a cashiers check for you from the funds in your savings. Cashier checks are usually $3.00 per check.

The savings account is something most banks will allow you to have, while on this probationary period, usually lasting from 6 months to one year depending on the amount in your account, and how oftern you use it.

Regards-
Mike

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