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Chris.I asked in Business & FinanceCredit · 1 decade ago

How long does the bank give you to pay back a scammed check?

My 18 year old nephew was involved in a situation where he received a check in the mail for $10,000 from Canada (in which he had to sign for), stating that he won $100,000, and all he has to do is pay back $2000 in taxes or insurance before he receives the other 90,000$. The thing is...He cashed the whole thing, and spent the whole ENTIRE money. He hasn't got a letter from the bank yet, but after reading stories VERY similar to his online, I came to realize that he was a victim of an overseas scam. What's the worst that's going to happen to him? and how long will the bank give him to pay it back? He's only 18, and isn't capable of paying this back anytime soon.

5 Answers

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  • OC1999
    Lv 7
    1 decade ago
    Favorite Answer

    I am sorry to say that the worst that could happen is that he could end up in jail for Check Fraud. Because he presented the check as valid to the bank they may go after him. Now, will that happen probably not, but it is a possibility as banks have done this before.

    What will more likely happen is that they will require the money returned. If it is not returned they will close his account and turn it over to collections. They will also turn him into ChexSystems, which would block him from opening up another account for the next several years. Don't expect the bank to give him more than 45-90 days to do this. Eventually if the money is not paid back, they could file suit against him.

    What did he spend almost 10K on? At least some of that stuff should be able to be sold(or returned). If he can get a majority of the money back the bank may work with him to give him more time. The key would be to keep open communications with the bank. In fact it might be good to start it now before they come to him.

  • Anonymous
    5 years ago

    By law a bank has to clear a check by a certain amount of time. As seen in the Clark Howard show this "fake" check can take 6 weeks to come back as bounced, even though it has been cleared by the bank. The mystery shopper scam is extremely common. So is any other scam that involves you getting a check and sending money back. Sorry to say the bank is not at all responsible. They followed procedure according to the law...

  • Reena
    Lv 7
    1 decade ago

    Well... at least the scammers didn't get a penny this time.

    But your nephew is on the hook for the entire 10K since this

    check obviously bounced.

    He needs to talk to the Bank immediately and try to set

    up a repayment plan. There is no way out of this.

    He spent $10K worth of money that he didn't have to begin with.

    That it was a scam doesn't matter. He should have waited until

    the check cleared. This is one hard lesson to learn and no matter

    how you twist it he is still responsible for the entire amount.

  • Ted
    Lv 7
    1 decade ago

    My best guess is that they will be willing to work out a payment plan with them. This will be like them loaning the money and he will have to pay interest.

    The person who was talking about jail is ignorant. For him to be guilty of criminal fraud, the prosecutors would have to prove that he knew the check was bad in the first place and did this on purpose.

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  • Anonymous
    1 decade ago

    If he has no funds to pay it back, he should contact a bankruptcy attorney immediately and see what his options are. Most attorney charge about $1500.00 to file.

    Source(s): Retired bill collector 35 years
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