Calling Banking Dopers, We need advice

I need some advice for my son.

He recently met a girl and they were dating for about a week. She had two blank checks that she told him were from her grand parents for Christmas. The checks were filled out except for the pay to order line.

She filled out my sons name and he deposited them in his account and then withdrew the money two days later. He said she went into the bank with him and helped fill out the deposit slip. I thought banks held personal chceks until they cleared but I guess not in this case.

We are not clear yet if the chceks were stolen or if they were from an old closed account.

My son is now over $800 in the red and the bank wants their money. He has filled out a police report and we are going to the bank today to give them that information. He said when he was there last night that the police actually spoke to the bank.

Since the checks were made out to him and he endorsed the back they are putting this all on him to pay the money back. We did some internet investigation and this girl has a long list of crimes including identity theft and she has an open warrant for her arrest.

He did call her and when he asked about the checks her answer was “What Checks?, I never gave you any checks”

What else do we need to do from here? Any suggestions?

This poor kid is going to learn all his lessons the hard way.

I suggest you talk to a lawyer ASAP.

Very short version:

  1. He assisted, however unwittingly, in the commission of a crime. Get a criminal defense lawyer immediately & don’t talk to the cops without one. That should have been done before you all filled out a “police report”.

  2. From a UCC point of view, the bank is correct in asserting that he must make them whole by returning the money. Strictly legally speaking, the timeframe is negotiable, the money is not. As a practical matter, banks don’t always get their druthers in the world any more than people do. But they can be pretty pushy.

Ouch. When he withdrew the money did he give it all to her? How old is he? That should have been a red flag right there, if the checks were legit (which I would have doubted in the first place) she could have just wrote them out to herself.

He’s lucky it’s only $800 though and not a much larger amount. Still, in that case the first thing I would do is request an image of the check used. Most banks can provide this within a reasonable timeframe. This would at least tell you where she got them from and lead back to her in some way, whether she stole them or received them. You said she wrote his name on the checks, did she sign them as well or were they pre-signed? Get the check images and deposit slip images as your first pieces of evidence against her.

For criminal defense he needs a lawyer. If there are no criminal charges brought against him, personally I wouldn’t hire a lawyer over the issue of the $800 but instead sue her in small claims (since it would cost more than 800 bucks just to talk to a lawyer about it). Of course, this is by no means legal advice etc.

Also, just so you know, banks are required to inform you of a hold at the time they are placing one (if you’re not at the bank in person, they can mail you a notice). Not informed of a hold means no hold (I think credit union rules might be different).

It was an expensive date.

1: He owes the bank $ 800. You will never, ever see that money again. It’s gone.

2: She will not show up at a small claims court hearing unless she’s brought there in cuffs.

3: If he knows where she is and there is warrant for her arrest why is she not behind bars at this point?

You need to tell your son not to be so credulous in the future. Having money means being responsible for it. Check deposit schemes are one of the oldest tricks in the book and some adult in his life should have appraised him of some of the ways he could get taken when he opened his first account.

Yep- he owes that money to the bank. Period. They can choose to press charges or not. It happened to me years ago, only I was a willing participant in the crime, and was damned lucky that the bank believed my bullshit story about having been taken in by an acquaintance. I paid the money back (thanks, mom) in exchange for them not filing charges.

I was 18. Could have fucked myself royally. Learned from it.

We don’t know if she has any assets or bank accounts in her name sitting around. All he needs is a default judgement to start going after those. And if she gets arrested first for her outstanding warrant she may very well be brought in cuffs.

She’s a con-artist and should pay for what she did. Make sure your son has legal protection against any criminal charges if they are brought against him, but after that, go after her with everything you can instead of just letting her get away and saying “oh well, lesson learned”. That’s just me though.

$ 800 for a week? Where do you find a call-girl that cheap?

I can’t really advise you on the legalities (getting a lawyer involved might not be a bad idea; your son shouldn’t have to pay $800 for someone else’s fraud, but he probably will), but I would recommend that your son not mingle his finances with ANYONE else’s - not yours, not his brother’s, not his best friend’s, not even his future wife’s until they’re actually married. No co-signing for loans, no under the table rental deals, no buying cars together, none of the stuff that always ends up on Judge Judy. If he learns that lesson and only pays $800 for it, it might be a bargain.

ETA: I just remembered that some Dopers don’t even mingle their finances as married couples. It is an adult’s responsibility to always be in control of their money and their credit rating - no excuses.

Time to find a few friends she has not met to conveniently cross paths with her so they can drive her to the police station and make sure she finds her way inside.

Where did the $800 go? Can he return merchandise to get it back? Did he give it to her? Was he just cashing it for her?

If he gave it to her, bummer!

About the ‘what checks’ part – you said he said she went into the bank with him. Banks have security cameras, don’t they?

But in the bank’s eyes, it wasn’t someone else’s fraud- he presented the checks and the bank gave him the money. What he did with it after that is not their concern, and rightly so.

:frowning:

Banker here. Find out what your son’s unverified release amount is. If his release amount is less than the $800 then the teller shouldn’t have released that amount.

To try and answer some of your questions.

He is 20. He gave her all the money. He was not “in on it”. He is just very naive. She told him the checks were from her grand father. They were both for $500. She told him one was for Christmas and the other her birthday which is in January.

He was stupid and he knows it. A hard and expensive lesson. I tried to teach him to keep his bank information secure and not to trust anyone when it cames to his money or his possessions but he is just one of those kids that has to touch the hot stove himself to realize it really is hot.

We had to go back to the police station yesterday so they could ask him a couple more questions and had him amend his statement. They wanted to clarify whether she wrote the checks in front of him which he said no they were already filled out except for the Pay to the Order line and she wrote his name in. They have copies of the checks as my son got copies at the bank and he gave them to the police.

The bank believes him and the police believe him. The girl has a sheet a mile long and has done this sort of thing before. They are hot on her tail. She has the same address listed on all the court public access searches that I did but the police claim she is not at the address.

The checks were from a closed account. The account was not from her grandfather and no one that my son knew. They told us the guy was 21 years old so we can only assume she did the same thing to him that she did to my son. They also asked him about several other peoples names, street names and showed him a picture of someone but he did not know any of the people and did not know were the street was.

I don’t think a lawyer is necessary at this point but I know a good criminal lawyer if he needs it.

We gave the bank the report number yesterday. I know he is going to have to pay back that money. I am still shocked they let two personal checks clear that fast. They put the checks in on Saturday and he said they told him he had to wait one business day. The money was in his account Tuesday and by Thursday he was in the red.

Between those two days he had not seen her but he was still texting messages back and forth. The “what checks?” was a text and he has not talked or texted her since then. The police told him not to be in contact with her and that if she does call or send him a text not to let them know the police are after her.

I told him I think he should file in civil court but that costs $90 that he does not have. As soon as he catches up I will help him get the info and file.

Is hard for me to believe this girl of 18 has so many counts against her and all for fraud, theft and identity theft. Each one are right after another so I am sure once the $1000 runs out she will do it the same thing to someone else if she hasn’t all ready. It is sad really but we want the bitch caught and so do the police. She was in jail at one point but they let her out in October because of over crowding and she is on probation. So at this point two different counties and three cities are after her. It just comes down to which one grabs her first.

I will have him ask that on Monday. I know my credit union holds any check of $500 or over for ten business days. A one day turn around seems awfully short to me. When he took out the money he actually took out $1300. $1000 he gave her and the $300 was part of his paycheck which got deposited that same day.

He also has to contact work and have them stop his direct deposit. He wants to pay the bank back but he can’t afford for them to take his whole check and his rent needs to get paid out of his next check. He needs to get with the bank and create a payment plan. We tried yesterday but there was only one assistant manager there and he was busy on the phone. We waited for over 20 minutes but it did not seem like he was going to get off anytime soon so he called later to give them the report number. What a mess. :frowning:

Let us know what happens, I’m curious now.

I just came here to post. My son just called five minutes ago and they GOT HER!:slight_smile:

The police went to his work (McDonalds) this morning to let him know! Don’t mess with the kid that serves you coffee at 5am :stuck_out_tongue:

He said the police officer said that someone she knew had picked her up and then they notified the cops while they had her in the car. YAY!

I will get more details later after he gets off work.

Hooray!

Any updates?