am I Responsible for a check that was written to me

Date: Sat, 01/08/2011 - 13:50

Submitted by Whateverdude
on Sat, 01/08/2011 - 13:50

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Total Replies: 4

i cashed a check at checksmart, after calling everyone under the sun and then the company who wrote the check... they cashed it, .i sent off the merchandise, i got cash, they get there 150.oo. everyone is happy.. today iget the call 10 days later telling me the account was closed.and now they want there money or i'm going to jail for fraud. That is exactly why i took the check to them because i know they call everyone involved. what are my options, and what should i do cause the money is gone and so is the merchandise, 2500.00 and i live in az and the check was from a company in Oklahoma....thanks..l. Whateverdude

Yup, you are on the hook for it. You will have to pursue the co

Yup, you are on the hook for it. You will have to pursue the company that gave you the check.

You got scammed.

lrhall41

Submitted by SOAPLADY on Sat, 01/08/2011 - 14:30

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A duplicate thread, sheesh.

lrhall41

Submitted by Shazzers on Sat, 01/08/2011 - 17:17

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I think the soaplady is wrong.

see it falls under the third party check rule which is very unclear.The issuer of the check is responsible, and the policies of checks smart and the insurance they carry covers the check if all procedures were followed, and if not then its there fault anyway, that is why they get such a high amount to cash the check in the first place, In reallity you are both the victims, and if checksmart contacted the issuer of the check and they acknowledged it, then there is no fraud, they are the ones who scammed both you and the check cashing company..by good faith and standing pay them back. but its not your fault that the account was closed afterwards......

lrhall41

Submitted by on Sat, 01/08/2011 - 21:03

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If ChecksMart verified that the check was good and the right per

If ChecksMart verified that the check was good and the right person is cashing it, they become the "holder in due course". This menas that they technically are immune from damages and can collect from either party, the maker or the payee.

In basic terms, if the maker does not pay for the bad check, the payee is responsible to pay the money back and then go after the maker themself.

lrhall41

Submitted by PDLOwner on Sun, 01/09/2011 - 08:00

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