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There is a lot of information on this page - please read everything
carefully
Stores:
You have cashed
a check or money order at a store and have sent and/or spent the money.
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Warning:
You are at high risk of arrest. |
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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.
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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. |
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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 |
You have cashed
a check or money order at a store and have sent and/or spent the money.
Working with check cashing stores can be difficult.
Most run on a fairly tight budget and they are targets for those who
pass bad checks on purpose.
The full amount of the draft plus return fees was
withdrawn from their account, leaving them in debt with unpaid bills
and probably bounced checks. It's the bank or credit union's
responsibility to immediately return the funds to the rightful owner
by debiting the store owner's account.
Unlike banks and credit unions, stores are quicker to
contact law enforcement when they discover the draft (check or money
order) you presented is counterfeit, stolen, or forged.
Law enforcement may be contacted before you even leave
the store and before you have even received any money from the draft.
Many check cashing stores contact the account holder
directly to verify that you are the rightful owner of the draft, and
that the draft was written for the amount shown. See
How to Really Verify a Check or
Money Order.
Walmart is well-known for contacting law enforcement even
if all you do is ask them to verify whether or not the Walmart Money
Orders you were sent are good.
Some check cashing stores are open to a repayment plan, but
generally they want all of their money returned immediately.
^ Top
If you do not come to an agreement with the store as quickly as
possible, they will file a complaint with the police and the chances are
that you will be arrested. If you are currently at risk of
being arrested, go
HERE.
If you have received a WARRANT or INDICTMENT, then go
HERE immediately.
We do not generally advise that you go back to the check cashing
store. It is wiser to conduct your business by telephone, fax,
and Registered Mail until your situation is over.
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If you can borrow the money from friends or family to repay the
store, then do so immediately. Please be certain to obtain a
Promissory Note form from a stationery store or bank so that the
loan agreement between you and your friend or family member is
formal as you may need this for your income taxes.
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File a police report and get a copy for the store. You
always want to make a record of your knowledge that a crime was
committed.
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Contact Western Union or Traveler's (MoneyGram) and ask for a
tracking report of the money you sent off to the scammers. You
will need a copy to add to your police report, and you may need a
copy for your bank or the store.
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Prepare your budget, all money in, all money out.
You will find a Budget Worksheet
HERE and instructions for writing a cover letter
HERE.
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Call the check cashing store. Explain that you are the victim
of a [Lottery, Payment Processing, Overpayment, Nigerian]
counterfeit check scam and that you are determined to reach a
repayment plan that is mutually beneficial. Be sincere, be
forthright, be very adamant. The more aggressive you are about
reaching agreeable terms, the better your chance of success.
NOTE: Keep a log of each person's name, title, phone number and
extension, date, time, what you said, and what was said to you. Do this for the
entire time you are working with the store 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.
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If you are able to negotiate a reasonable repayment plan with the
store, you're going to be fine. If you
cannot, then at this point we suggest you seek counsel.
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Seeking counsel: Carefully read everything below.
You are looking for an attorney who will intervene on your behalf to
negotiate a reasonable repayment plan. If the check cashing
store remains adamant, then it may be necessary to ask your attorney
about taking the issue to small claims court to ask for a court
appointed mediator to settle the issue. Attorneys do not
represent clients in small claims court, but your attorney can
certainly advise you about the proceedings.
A court appointed mediator has the power of the court behind his
ruling. The mediator takes a look at both sides of the issue,
reviews your budget (all items must be verifiable, so be sure to
have all your back-up paperwork), and makes a determination of what
you can afford to pay. The ruling is final and both sides must
accept and abide by the ruling.
You can find out about small claims court, the fees, the procedure,
and court appointed mediators by contacting your local court house.
If the amount you owe is over the limit for your district small
claims court, ask your attorney about alternative methods. You
may also be able to obtain advice from a paralegal. Paralegals
are usually listed in the phone book, even rural areas. If you
cannot find one, you can telephone around to local attorney's
offices and your local court house may even have a listing.
Please understand that asking an attorney for advice does not mean
you must come up with a retainer. An office visit, called a
consult or consultation, usually runs between $40 and $125.
You can pay an attorney to write a letter, make a phone call, review
a contract, or whatever individual item is needed without incurring
ongoing expenses. See
How to Choose an Attorney
Remember that the store may call the police no matter
what you do. If you discover that the police have been
contacted, call your attorney immediately. Even though the
attorney you are working with is not a Criminal Defense Attorney, he
will be able to contact law enforcement on your behalf.
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Again, if you do not come to an agreement with the store as quickly as
possible, they will file a complaint with the police and the chances are
that you will be arrested. If you are currently at risk of
being arrested, go
HERE.
If you have received a WARRANT or INDICTMENT, then go
HERE immediately. |
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