Need a lawyer to advice on this one plz?
Okay, I sell things on ebay and craigslist. So its no surprise that I was expecting a check in the mail for a sell I closed a few days ago. Today, U.P.S shows up and I get what looks like a certified check in a U.p.s. envelope but not from anyone I am expecting. Instead of the $200 I'm expecting from a buyer for my xylophone it looks like a certified check for $2,350. I've researched check scams today and there is always a case where a unknown 3rd party benefits from the delivery of the check. However this is not the case. Its a check through Bank of America from a Computershare Inc. So, if the check is fake, I know I will find out easy at bank of america. My question is, what if it isn't fake. What are my rights for protection should the money be asked back and can they even ask for their money back in the legal since. Because this check was sent to me, addressed to me. Moral Ethics aside, seems to me if its good, then it belongs to me. Plz advice ASAP, as my girlfriend isn't as cautious as I am and wants to cash the check. Also sight specific literature and statutes. Thank you.
Asked By: - 4/1/2011
Best Answer - Chosen by Asker
100% scam... More
Answered By: Buffy Staffordshire - 4/2/2011
Additional Answers (5)
The check is not good. The fact that it says Bank of America is immaterial. You have no rights for protection of any sort. If you or your girlfriend are stupid enough to cash this check, you deserve any consequences that follow.
Answered By: Maj. T.J. "Snark King" Kong - 4/1/2011
It IS fake. You would not receive a check from Computershare unless you cashed out a 401k plan you held with them. They would not be paying you for an item on Craiglist - that would be illegal... More
Answered By: Kittysue - 4/1/2011
The law is slightly murky. If they truly wrote you a check (a real check, not one that looks real), then it may be considered an unrecoverable gift. But they didn't decide to be generous and then change their mind. They made a mistake. They could sue you for unjust enrichment to recover the money... More
Answered By: Frank - 4/1/2011
First, the law is pretty clear on this: If you receive something on the mail that you did not order, it is yours. I would suggest that you DO NOT deposit this in your personal account. Take it to your bank and have them hold the funds until the funds, not the check, clears. Usually what happens is that people get... More
Answered By: L. C. Martin - 4/1/2011
The money is not yours under any circumstance.
Answered By: Cigar Monkey - 4/1/2011
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