|
There is a lot of important information on this page - please read everything
carefully
Credit union accounts:
You have withdrawn the money from your credit union account and
have spent and/or sent the money
|
AMBER ALERT
You are at low risk of arrest but need
to take immediate steps to prevent action on the
part of the bank.
|
|
Warning: The most frequent cause
of arrest comes from ignoring the credit union's communications for more
than 30 days. Many credit unions will press charges as a
result. If this is
your situation, go
HERE. |
Cease all
correspondence with the scammers. Do not open or answers their
emails. If you have caller ID, do not answer their calls.
If you do answer the phone, hang up as soon as you realize who is calling you.
If they persist, blow a whistle into the telephone. If you are
being threatened, please go here:
http://www.fraudaid.com/threats.htm
If you have been
corresponding with the scammers by email and/or have gone to a web
site they told you is theirs, you are at high risk of Identity Theft
even if you have bad credit. Go here:
www.fraudaid.com/id_theft.htm.
File a Scam Email
Report with our Law Enforcement Support Division. You will
find step-by-step graphic instructions for your email service here:
www.fraudaid.com/find_headers.htm.
|
MONEY ORDER
WARNING! Counterfeiters are now inventing
the names of money order companies. DO NOT CASH any money
order and DO NOT DEPOSIT any money order you receive from someone
you do not know or someone you met online without ordering your bank to send it for
collection. |
|
DO NOT WITHDRAW
ANY FUNDS FROM YOUR ACCOUNT
to spend or to send to anyone without asking
your bank if they have been paid. Even with a hold, your
account is credited before your bank has been paid.
If the draft you deposited comes back because it was stolen, forged,
or is a counterfeit you will owe your bank all
the money plus return charges.
www.fraudaid.com/check_liability.htm |
^ Top
You have withdrawn the money from your account and
have spent and/or sent the money
Keep a log of each person's name, title, phone number and
extension, date, time, and what was said. Do this for the entire
time you are working with your bank to repay the debt, regardless of who
you talk to. So long as it has to do with the repayment or the
scam, keep a record of your contact in your contact log.
It may seem like a bother now, but you will really be glad you have
the log later.
File a police report immediately. If your local law
enforcement will not take a Fraud Report, ask to file a General Crime Report. You
will need a copy for your credit union.
Contact Western Union or MoneyGram, depending on which you used to
wire the money, and ask for a
tracking report of the money you sent off to the scammers. You may need a copy
to add to your police report, and you may need a copy for your credit union. This is not an essential step, but is still a wise one.
The credit union will probably freeze your account if they haven't
done so already and will "sweep" the account, meaning they will
debit whatever funds are in the account.
They have the right to do that since they have to immediately return
the money to the rightful owner and then wait to recoup their loss
from you.
If you have automatic deposits and/or a Bill Pay set up, please
contact everyone. Ask that you be sent paper checks instead of
auto-deposits. Tell your creditors that you will be late this
month (if that is true) and explain why. Pay them
yourself rather than through Bill Pay.
If you have automatic deposits and/or a Bill Pay set up, please
contact everyone. Ask that you be sent paper checks instead of
auto-deposits. Tell your creditors that you will be late this
month (if that is true) and explain why. Pay them
yourself rather than through Bill Pay.
We suggest that you open another account at a different bank
or credit union, or switch to a plastic account: a prepaid credit
card that accepts direct deposits and offers Bill Pay.
^ Top
Prepare your Budget Packet:
-
Your Budget Worksheet:
all money in, all money out. Be sure to
include your quarterly and annual expenses, such as auto insurance,
taxes, clothing allowance, money you put aside for emergencies,
automatic savings withdrawals, school expenses, etc. Do this
even if you have no money left over or are in the red.
Click HERE to view and download a free budget
worksheet.
Your budget is a negotiating tool, nothing more.
This is not a pass or fail test, it's merely a statement of fact. Please
understand that everything you note as an expense must be verifiable by your
bank or other creditor, so don't lie or try to add in expenses that cannot be
proven by your cash flow statement or bank statement.
-
Write a cover letter
to go with your Budget Packet. Go to
How to Write a Cover
Letter for Your Budget Packet.
-
Backup for the claims on your
Budget Worksheet: Gather together copies of bills, expense receipts,
loan statements, and credit card statements to back up your budget
sheet. See
Assemble your Budget Packet.
-
A copy of your
police report if available.
-
A copy of the
Western Union or MoneyGram tracking report, if available.
-
^ Top
Credit unions,
unlike banks, often do not want to make payment arrangements and want
all the money at once.
If your credit union
will not accept a payment plan, your objective is to
have your debt account sent to a collection agency as soon as possible
because collection agencies are by their very nature willing to make
payment arrangements.
You may need to make
several calls to your credit union before your account is assigned to a
collection agency.
In the meantime, borrow
the money if you have to but get some kind of payment* into the credit
union to show good faith. Send it with a letter that once again
explains you cannot afford to pay the amount in full in one payment.
* Preferably, use a
cashier's check for this payment and keep the stub. Wait
about a week then call the bank that issued the cashier's check to see
if it has been deposited. Keep doing that until the check has
either been deposited or returned to you by the credit union.
Possible scenarios:
1. Your credit
union agrees to a payment plan. If that's the case, present
them with your Budget Packet.
2. If the
credit union deposited your cashier's check and you don't hear from
them after you have presented your Budget Packet, go to the alternate tactic.
3. You will finally be sent to a
collection agency where you can make payments that fit your budget.
In that case, proceed to the next step below.
^ Top
Following the instructions found on the
How to Write a Cover Letter
page, assemble your Budget Packet.
Contact the collection agency and explain that you are the
victim of a [Lottery, Payment Processing, Overpayment, Nigerian, Eastern
European, Asian] counterfeit check scam and that you are determined to reach a
repayment plan that is mutually beneficial. Be sincere, be forthright, and be
very adamant. Most collection agencies are open to negotiation. The more aggressive you are
about reaching agreeable terms, the fewer problems you will have.
^ Top
Consider that you
may have to file bankruptcy, which does not mean you will lose your
home or your cars. See BankruptcyAction.com where your
questions about bankruptcy will be answered:
http://www.bankruptcyaction.com/questions.htm.
However, if your
situation has reached the point where the creditor's court has
issued a judgment for the amount owed, be sure you don't wait more
than 90 days to get the bankruptcy filed or you may find you still
have to pay the debt.
On the other hand,
bankruptcy may be the solution that allows you to pay the debt.
Only you can make that determination with the advice of your
bankruptcy attorney.
_________________________
DO NOT IGNORE THE SITUATION. We can guarantee you that if you
decide this is the bank or the store's problem, not yours and you
refuse to answer their calls and correspondence, you will either be
taken to civil court or arrested or both!
|
If your circumstances do not fit the above solution or if you have
difficulties negotiating with your credit union or law enforcement please write to
so we can
review your problem and offer alternate solutions or intervention.
|
|