Can funds be deducted from your bank account for a check that you were told had been cleared?

UPDATED: Oct 3, 2010

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Can funds be deducted from your bank account for a check that you were told had been cleared?

I received a check related to a work from home mystery shopper program company. I deposited the check into my bank on 9/27. The bank removed the hold on 9/29. I call bank customer service on 9/29 to verify that the check has been cleared. The bank representative confirmed that it had. Well one day later, 9/30 the bank debited my account with the full amount of the check $3500 plus $10 return fee and stated that the check was “altered fictitious”. What is my liability in all of this?

Asked on October 3, 2010 under Bankruptcy Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) You are responsible for the check you deposited; you may in turn have recourse against the program which sent you this check, but that doesn't prevent the bank from looking to you to make good the check and pay fees/costs associated with it.

2) If the bank believes that you were an accomplice to an attempt to pass a bad or fraudulent check (or were in fact the primary party attempting to do so), you could potentially suffer criminal liability if you were reported to the police. At a minimum, you could (if reported) face investigation and the cost/effort of clearing yourself.

This may not be  safe program with which to be associated.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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