Hi there... I don’t know if this is right place to post this... but here is my dilemma
We own a store where we cash checks for our customers for their convenience....
Now this lady... (who was a very nice customer earlier) came to us and said she did an online survey and won this $2000, first we were reluctant to cash it, but then she told us that she is in real bad need of this money and we cashed it for her.... now the check has returned for NSF funds and when we called the company (the issuer of the check) they said.. There is a fraud going around and someone is using their company's name and issuing a versa check and giving away free money ... so they have nothing to do with that check and I need to collect funds from that lady who cashed it from us....
On the other side... that lady is refusing to give the money back because supposedly she has won that money and we need to collect that from the company and not her....
Now DA office said I can go to the company and ask for money but I will need the name and the Date of Birth of that person who signed that check and they cannot do anything against that lady who cashed it... because they would assume that she didn’t know that it’s a fraud check....
The Justice of Peace of our county said... I can file a legal law suite against either that lady or the company for that money....
Now my question is who is the liable person?? I mean who I would be filing the suite against the girl or the company???
Please help me....