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Somene, please give advice!!!!

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Old Jul 1st, 2007, 10:19 AM     #1
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Confused Somene, please give advice!!!!

From time to time I enter sweepstakes online, I had recieved a letter in the mail that I had won money. Inside the envelope with the letter was a check for 2,728.00. It stated that I needed to deposit this check into my account and contact an agent at a telephone number stated in the letter. Well I couldn't open a checking acct, so I went and cashed this check at Cashland, the teller contacted the bank that was listed on the check and the telephone number in the letter, the bank had told her it was a legitimate acct and to go ahead and cash it, so she did. Well now a month later I get a phone call from Cashland stating that the check was counterfeit and that I am responsible for paying back all this money to them (2,728.00). I don't understand how I am held responsible for something that I had no idea wasn't legitimate, especially when the teller had contacted the bank herself, come to find out that the people that scammed me got acct numbers and printed them on these checks that they had distributed to others as well, how can I fight this, I did nothing wrong and now a month later I have to come up with almost 3,000.00!!!! Plus they attached a 25.00 charge onto the 2,728.00. I am being penalized, and I am the victim here!!! Please let me know what I can do!!!
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Old Jul 3rd, 2007, 11:44 AM     #2
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Default Re: Somene, please give advice!!!!

By law the depositor normally is responsible--but you could try threatening to sue them in small claims or other court--you can in some cases argue that they made a separate agreement with you when they said the funds were cleared and the check was okay...you relied on this agreement made between you and the bank employee...WLD lawyers can also often assist in negotiating a solution if need be. See also -- http://www.worldlawdirect.com/articl...eck_scams.html --
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Old Jul 10th, 2007, 12:21 PM     #3
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Default Re: Somene, please give advice!!!!

I've seen this in court quite a few times. Cashland is legally obligated to come after you b/c you are the depositor of the check, thusly it is your responsibility to come up with that money to pay them back, along with any fees that may be assciated with it.

Then it is on you to file suit aginst the place you received the check. But I wish you good luck as most of the time you will loose that money b/c you wont find anyone to represent the company.

Sorry...I think your at a lose here.
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