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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Question Ex-Boyfriend's Liability for Depositing a Fake Check in My Account

    My question involves small claims court in the state of: Florida

    Okay so I'm a student and I met a guy online in November. He said that he owned a business, opening a hotel in another country, and owned houses that he rented out to students. He always complained about being lonely because he was too busy to really have someone. I went to his home a few times to hang out. I was an out of state student with no family so he said that he would help me out. Shortly after, we came up with an "arrangement" of allowance where he would just give me $900 when I needed it. At first, he didn't say what form it was going to be in nor did we ever really discuss how often. One day, while at his house, he told me to make another bank account for tax reasons. He said that he was going to give me a check that one of his tenants gave him, but he wanted it to look like he was paying a bill so that it would be a tax deductible. I wasn't able to make a new bank account before he gave me my first "allowance". When he gave it to me, I deposited it into my primary bank account, and later that day he called me saying that he needed $500 to pay for something. I withdrew $400, my daily limit, and gave it to him, then let him use my card the next day for the other $100. I spent the other $400, which I take full responsibility for. I went back to my home town and while I was there, I opened the account that he wanted me to open. 2 weeks later, I was going back home again for Christmas break. He told me to leave my card there so that while he was in his hometown, he would be able to deposit money for me and I could just go in the branch to get it so that I wouldn't be too long without money. He dropped me off at the airport and I left my card in his hand. While I was gone, he deposited another check into my account for the same amount, and withdrew $300 as soon as the deposit went through. He then used my card to make a $298 purchase. Less than a week later, I received a phone call from the bank saying that I had deposited a fake money order. I called him immediately and asked what was going. He said to give him some time to figure it out and he would call me back. He didn't call back soon enough, so I begin to call him back. No answer for any of the calls,but he texted me saying that he was in a room full of people, that he would take care of it, but until then, just tell them that I left my card in Florida and have no idea what's going on. I tried calling him back the next day and still no results. I then texted him to make him aware of the importance of the situation. I let him know that my financial situation was in jeopardy, as well as my freedom from the fake money orders he was giving me. No text back and never heard from him again. When the bank called me again, I tried to file a claim, but it was denied. About two months later, I received a call from my primary bank saying that I had a negative balance because of a fake check. Both accounts were closed which put me in a financial bind that I'm still not through today. I'm not even able to open a bank account anywhere. I want to sue him for the $500 from my primary account and the $600 from the other account, as well as overdraft fees that I received at another bank because of the bind that I was in at the other two banks. I'm willing to take responsibility for the money that I spent, although I wouldn't have bought the things that I purchased if I didn't believe that I had the money that I thought I had. I do have bank statements, flight itineraries and text messages where clearly I have no idea what's going on. Would this be a valid case in small claims court?

  2. #2
    Join Date
    Nov 2007
    Location
    CA
    Posts
    2,130

    Default Re: A Valid Case in a Small Claims Court -Fake Check

    How are you going to find him to serve him with a lawsuit?
    How do you prove you weren't complicit in this scam against the financial institution?
    You gave him access to your bank account(s), why aren't you responsible?
    What kind of person just GIVES you $900 within a few months of meeting them?

    Are you seeing the pattern here? Pay the banks back and learn from your stupidity.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  3. #3
    Join Date
    Jan 2006
    Posts
    20,688

    Default Re: A Valid Case in a Small Claims Court -Fake Check

    I have strong suspicions they will see your "arrangement" as an illegal arrangement and refuse to bother with the situation. It's called the clean hands doctrine.

    If I'm wrong, my apologies but the only time I see a woman getting paid $$$ for nothing, especially with somebody they just met, something illicit comes to mind.

    The second and slightly less offensive thought is that you were complicit with the fraud. Again, those dirty hands would prevent you from utilizing the courts to recover your money.

    If you think you can convince a court otherwise, go for it. What you would be able to sue for is your damages. That is what you actually lost due to his illegal actions.

    btw: handing a person your card and obviously giving them your PIN generally negates any claim they did not have permission to use your card.



    when did you cancel your card? When did you call the police to report what you believe is illegal use of your card?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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