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Possible Fradulent Check?

Dr. FrenchensteinDr. Frenchenstein Registered User regular
edited September 2012 in Help / Advice Forum
So, i sued a dude who jacked up my house. I won, and he finally paid me. it's not huge money, but it's a decent amount. Anyway, i got the check yesterday and he wrote out the correct amount in words, but the numeric amount was higher and obviously incorrect. I deposited it for the lower, correct amount with my bank, and checked with them if it was valid. They said yes, but i'm concerned his bank will say it's invalid, and yank the funds down the line. My bank said it will clear after midnight tonight, but i hear about those scams where a place sends you a check, you send them a portion of it back out of your account after it clears, and later the funds of the original check get yanked for being fraudulent.

Basically, how long should i wait to consider this money in my possession free and clear? I was going to call BoA (my bank) and confirm that the money can't be recalled on monday, but i don't know that i entirely trust their word. I have to file with the court within 10 days of payment that the judgement has been satisfied, and i don't want to do so before i'm 100% sure i have the money.

Dr. Frenchenstein on

Posts

  • iRevertiRevert Tactical Martha Stewart Registered User regular
    edited September 2012
    I've always waited a week but I have no specific reason or explanation why I've always used that figure.

    However seeing as the shitlord that you've been dealing with I would assume the worst and I'd head into your bank and talk with some people about it and your concerns and see what they say.

    Good to hear you finally collected a little bit from him.

    iRevert on
  • bowenbowen Sup? Registered User regular
    Go into the branch and get a signed letter from the bank manager. You should call his bank too.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • iRevertiRevert Tactical Martha Stewart Registered User regular
    edited September 2012
    bowen wrote: »
    Go into the branch and get a signed letter from the bank manager. You should call his bank too.

    I agree, get some shit in writing from both banks especially dealing with this fuckwad so you can nail him to a goddamn cross if he tries anything.

    iRevert on
  • bowenbowen Sup? Registered User regular
    Consult an exorcist before proceeding further, though.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • RainfallRainfall Registered User regular
    Get it in writing from both banks once the funds are released into your account that they won't reverse the transaction. The best course of action would have been to certify the cheque at the other guy's bank, to guarantee that the funds would be yours, but a bit late for that now.

  • naporeonnaporeon Seattle, WARegistered User regular
    As far as I know, the written number is actually irrelevant: all that any bank cares about is the amount written in words. The rest of the advice here is great, and you should definitely follow whatever sounds good, but I just wanted to assure you that you most likely have nothing to worry about.

  • bowenbowen Sup? Registered User regular
    Seems like it should be the other way around. God writing large sums on a check sucks.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • ShadowfireShadowfire Vermont, in the middle of nowhereRegistered User regular
    edited September 2012
    bowen wrote: »
    Seems like it should be the other way around. God writing large sums on a check sucks.

    Yes, but because it takes so long to write those amounts they are more likely to be correct. Take it from someone who wrote a check to Comcast years ago with the correct amount in the written area, but the balance of his checkbook in the numerical part... D:

    Shadowfire on
  • AiouaAioua Ora Occidens Ora OptimaRegistered User regular
    As someone who worked at a bank, the words have precedence over the numerals.
    But yeah, the cover your ass stuff is probably a good idea. You'll most likely win if the check is contested, but you don't want that money being stuck in limbo while you go theough the process.

    life's a game that you're bound to lose / like using a hammer to pound in screws
    fuck up once and you break your thumb / if you're happy at all then you're god damn dumb
    that's right we're on a fucked up cruise / God is dead but at least we have booze
    bad things happen, no one knows why / the sun burns out and everyone dies
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    I will head into the branch and check with the bank manager on monday.

    I am 99% sure this dickhole did this on purpose to A) further delay paying me, B) possibly start some shit about the 10 day judgement satisfaction rule. I have never wanted to sparta kick someone so badly.

  • bowenbowen Sup? Registered User regular
    Like I said, you really should consult an exorcist before proceeding.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • Gabriel_PittGabriel_Pitt Stepped in it Registered User regular
    I'm guessing he hoped that you went with the numerical value for the deposit and that he would be able to cause some shit over that. He didn't count on the fact that you have 1: more than two braincells to rub together; 2: that you wouldn't immediately latch onto the bigger number like a fratboy onto free tequila, figuring that his mistake meant you got to profit.

  • DeShadowCDeShadowC Registered User regular
    Aioua wrote: »
    As someone who worked at a bank, the words have precedence over the numerals.
    But yeah, the cover your ass stuff is probably a good idea. You'll most likely win if the check is contested, but you don't want that money being stuck in limbo while you go theough the process.

    I still work for a financial institution. The written amount is the only one that matters legally. The numerical is just there for your records. I would advise waiting at least 10 business days in case he decides to contest the check, as that can be done after the check clears both of your accounts. You don't want to spend money then have your account drawn negative.

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