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Post by scooter12 on Mar 4, 2014 22:16:24 GMT -5
Son got a check in the mail, that was a counterfeit check scam. They mailed him a $2200 check and told him to cash it and send some funds to Nigeria. My son deposited the check in his Bank of America account, which has my name also attached to it because he was overseas in Afganistan for a year in the service. So anyhow, he cashed it and sent money Western Union to Nigeria. He than got reading online, about how scams request victims to send money overseas and the checks are counterfeit check. Meaning the $2200 he deposited was no good and he just sent the scammer money without knowing whom he was. Meaning to the bank would hold him accountable for the money.
Well, anyhow he figured out it was a scam and went to Western Union to retrieve the money, by saying it had the wrong info on it. Somehow, Western Union got all the money back. So my son had $2200, to place back into the bank. We thought that was what he done, but instead, he bought new G4 Phones, new furniture, new garbage.... So now it has been one month. We started telling him, he must make arrangements with the bank and start paying back the $2200 he spent. That if the bank feels they are not going to get their money, they can still call the police and may have him arrested for fraud.
He tells us he has setup an arrangement- pays every 2 weeks $300 until paid off. We waited a few weeks and he still done nothing. We call back and he says, he is waiting on his income tax return to pay it. I said, you would be lucky to get $400 back, thus you are better to keep your agreement, on Facebook. He got sore that I wrote his finances over Facebook, and started trying to make it look like the money went on $45 worth of baby things, a new couch, ect to justify spending money that was not his. Said something about going to get $6000 back from income tax.. Well he is barely going to get $100 back.It is what he said, the next day. It is because he only worked part time jobs. The bank is not going to wait forever and he can still end up in jail. I am worried also, because since my name is on the account also, well the bank can take civil action against me. They can do also, report to ChexSystem to ruin my credit, I would stay on the ChexSystem for 5 years, they could inform tele check so I could not write checks to grocery stores, gas stations, ect..
They say they will garnish wages and dip into my account if need be, but I don't bank with them and my check is SSDI. The only people that can dip into my account, is the federal government- like the IRS for taxes.. But the bank can't and my bank would protect my interest to see Bank of America don't touch it. So the only person Bank of America has to go after, is my son. He cashed the counterfeit check and did not take my advice to return the money to Bank of America. He decided to spend it. He was talked into spending it, by people he stays with. So what would you do over this?
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Post by alleyoop on Mar 4, 2014 22:32:41 GMT -5
Well your wrong about that they cannot touch your SSDI and go after you as well. The problem is your on the account so your both responsible for whatever on that account. Also they can garnish part of his checks as well as part of your SSDI checks, until it is paid off. It is just like you Co-Signing for a car or for anything because they will not give him or her the loan due to not making enough or they already have a bad credit. If they don't make the payments your on the hook for the paymenst and then you cannot make a deal to pay so much a month they will garnish part of whatever money you get until it is paid off.
Be smart and get your OWN account and let him get his own account Son or no Son. This is a very common problem with family members having a joint account. If one mess's up it effects everyone on the account no ifs or buts about it.
Alleyoop
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Post by spandi on Mar 4, 2014 22:40:50 GMT -5
Nigeria is home to some of the worst internet scams around. Stay far away from it.
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Post by scooter12 on Mar 4, 2014 22:53:21 GMT -5
I think you misunderstand, AlleyOoop.. My SSDI is put into Wood & Huston Bank and not Bank of America where my son banks. Bank of America can not garnish SSDI from a Wood & Huston Bank. If I banked at Bank of America, than Bank of America could go into my account and pull out money. But it is not that way. Social Security can't be garnished by any debtor except if it has to do with the federal government. You can read it under Garnishment of Social Security.. Now they might be able to garnish in certain cases.. One would be if I stock piles checks( have 3 more payments than I actually need) but I spend and live paycheck to paycheck. In this case, Wood & Huston Bank would protect my interest and not turn over any funds. Bank of America can try garnishing and Wood & Huston would deny access to my account.
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Post by scooter12 on Mar 4, 2014 23:06:08 GMT -5
If I drew SSI, not even the federal government could access the account for garnishment. SSI is supplement income for people living below poverty line. SSI comes from federal and state income. It is meant for people living below poverty or at poverty levels.
But my son.. Did he do something illegal by spending the money verses putting back into Bank of America, as we told him to do?
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Post by alleyoop on Mar 4, 2014 23:34:37 GMT -5
That my friend is not true at all, you best learn what SSI is and how it is earned and why you get what you get. I can explain it to you but you can just go and get that information on the Social Security website. I recieve SSI and it is not a small amount started getting it when I retired back in 2006 I just turned 63 I am by no means in poverty. I am well to do and have many other sources of income. There are people that are retired that have incomes in the millions and they also draw SSI. But when tax time comes they have to pay taxes on  % of the SSI they received. If you and your son where on the same account at the bank he cashed the phony check and spent the money your on the hook just as your son is. Doesn't matter if you have another bank that your checks get deposited in. The way it works is the money to pay back is taken out before it gets printed and delivered to your bank or your house you get your money minus what was agreed to be taken out until the money is payed back. Or they can just put a Lien on whatever you own, take away your car to sell to get the money back, there are many things they can do to get their money back for none payment. So bottom line is this IF your son is not paying them back get a lawyer because they will come after you. If he is paying them back then no sweat. Alleyoop |
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Post by justbuggin2 on Mar 4, 2014 23:44:45 GMT -5
maybe if the account is overdrawn then the bank will come after your son and you for the money if he just cashed a check with out putting it in the account the bank can not do anything to either of you I received one of those checks that was on a Chase bank account so I took it to the bank and ask if was legit or not if the bank cashed it then the teller that took it in will most likely lose their job
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Post by scooter12 on Mar 5, 2014 0:06:07 GMT -5
It is Section 207 of the Social Security Administration that says, garnishment of Social Security Funds can not be garnished by any creditor. If Bank of America went to a judge and got approved to garnish funds, well we could write the judge and show documentation and Bank of America would be forced to place the funds back into our account.
About all the bank could do is make it hard to write checks to stores and gas stations- not creditors like phone company, electric, rent, Amazon, ect.. They can't stop me from using my atm card at Walmart to pay for goods. Only writing a check to Walmart would not be allowed. But this is derrogitory credit reporting, so it would stop me from taking out loans and getting future credit on a home. For atleast 5 years.
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Post by alleyoop on Mar 5, 2014 0:11:08 GMT -5
A bank does not know if a check is good or not UNTIL they try and get the money from the issuing bank. When the other bank says it is no good that is when the bank you cashed it will go after you. The tellers will check your bank account to see if you have enough money to cover the check your trying to cash otherwise you will have to wait until it gets verified.
You guys need to learn on the way some of this works.
Saying stuff like that not knowing what is the real poop is what got the OP in trouble in the first place someone told the Son to go and cash it, WOW what a windfall(HAHA).
Alleyoop
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Post by alleyoop on Mar 5, 2014 0:40:53 GMT -5
Yes section 207 says covers some things but not all. It is NOT against the law for a bank to take your SSi Check for an overdrawn account, which is what happens with a scam. Worst is after all this other institutions will not allow you to open an account with them, banks like insurance companies share information about individuals.
Alleyoop
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Post by scooter12 on Mar 5, 2014 0:49:15 GMT -5
Again, I say AlleyOoop, Section 207 of the Social Security Act does not even give a bankruptcy judge permission to order someone on Social Security to pay a creditor. So is the bank above the law?
I had nothing to do with my son cashing a counterfeit check.. The signature on the check will tell the bank whom to go after. Yes, the bank could have my son arrested, perhaps. But the bank could not have me arrested, because my signature is not on the check. The bank could go after me in a civil lawsuit, report my son and me to ChexSystem for 5 years, destroy credit and stopping from opening any future accounts so long as the new bank accepts ChexSystem, and report to tele check so we can't write checks to stores and gas stations.
My son is in Ohio and I live in Belle MO.. So there is no way, the bank thinks I had any involvement in this fraud. Yes, if they don't get the money back, than the could sue me civilly, But can't take our house- rent, can't take our furnishings because half the stuff is given to us, can't take our only vehicle- even in bankruptcy you are allowed one vehicle, so this is a no win for the bank. Even one house can not be gotten by creditors thru bankruptcy. I was not born yesterday where I don't know my rights. I do understand rights under bankruptcy because I went thru it in 2003. They could take my 250cc scooter perhaps, but I would get another scooter.
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Post by scooter12 on Mar 5, 2014 0:51:50 GMT -5
Truck and Honda Rebel are on a loan.. Can't take it.. Furniture has broken legs and 1970 stuff, home made items that are worthless to anybody else. You have to recall, we moved 3 times in 6 months, we lossed nearly everything we owned. That is why most things were given to us( couch chairs were free 1970 style, kitchen table a hole in center that is dump worthy, microwave, washer and dryer are not ours, got a new card table so have more chairs, got a broken art chair, old metal desk bought in yard sell, it is not even worth suing us. By the time the bank came over to see what we got, the bank would be scratching there heads. See the truck and motorcycle are considered the banks until paid for.
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Post by scooter12 on Mar 5, 2014 2:44:51 GMT -5
See, I have my own creditor to pay. I can't neglect my creditors or will loose things. Like truck, motorcycle, ect.. They expect there payment also. If fail to pay, we are on foot. No way to get to doctors, store, ect.. AlleyOoop, I am not telling you this, to make you feel sorry for me. I am telling the truth. We are barely making ends meet. Some bills are being made late. We was $700 over drawn, 2 months ago. I took over the finances, now we are $150 over drawn. We have overdraft protection of $700.. But I am seeing the light at the end of the tunel- where we will be not in the negative. Wife is a manic depressive and over spends the check book.
But anyhow, it may come to making an arrest of my son, to get him to start paying. I told him over the phone( him in Ohio and me in Missouri) to put the money back in the account. His friends talked him into spending it. Now, no way to pay it or don't want too. Simply I do not care if he goes to jail, because it was wrong. But I want him to take responsibility too. He spent the money, so he can repay it. But it will affect me too. Like I said, my being affected is more civil and not criminal. It just affects me in credit, checking, and ChexSystem.
See, even Social Security over paid us, because we had the boys added on, and thus got a over payment of $2000. The $2000 came in slowly but over time, it was $2000. So the Social Security Administration wanted paid back, but said if it was to big of a hardship, that it would be wiped clean. We signed the form, and it was wiped clean. But this case, fraud was involved. But from whom? The disabled parents or the son? The son is 26 years old. I had a stroke and am partially paralyzed still. So I am not able to earn money- that is why I draw SSDI. It looks like son took advantage of disabled father also and bank could make us pay for son's mistake.
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Post by scooter12 on Mar 5, 2014 3:22:42 GMT -5
Lets put it in other terms. My son has 2 separate accounts: one with Bank of America and the other through USSA Bank on the East Coast. His military checks are deposited in his USSA account. It is illegal for Bank of America to just take money from his USSA account without permission or garnishment. The same is true on SSI. Say a person has one account in Wood & Huston and one in Bank of America. Direct Deposit is routed to Wood & Huston by numbers signifying Wood & Huston and other numbers signifying account number. It is impossible and illegal for Bank of America to touch this money. Even if the person is indebted to Bank of America, it is still illegal to touch money that belongs to Wood & Huston. Bank of America could sue or press criminal charges against the person whom overdrew the account, but could not tamper with federal direct deposits to Wood & Huston. Now if the person overdraws his Wood & Huston account, well Wood & Huston has the rights, to deduct their money( but not Bank of America).
It would screw up the banking system in place and make it impossible to trust anyone for overdraft protection, if banks went into one anothers account and withheld money because of a debt.
My sister in law had a over drawn account with Boone County National Bank and switched bank to Wood & Huston. Her funds came in direct deposit and made it to Wood & Huston fine, though she still owed Boone County National Bank funds. Boone County National Bank had no way to retrieve the debt owed, so the threatened to take her to court. She paid.. And that is how banks look at counterfeit checks. As if the money was never put into the bank and thus the account holders is responsible. In my case, the BA has the right to take legal action against the person responsible for cashing the counterfeit check- my son. That is the only person they can have arrested. But too, the bank can go after me, in civil court, screw up my credit. Can't have me arrested for something I did not do.
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Post by carasdad on Mar 5, 2014 6:25:36 GMT -5
Laws are only words written on paper....words that change on a whim.....and are interpreted differently daily by politicians...lawyers....judges...and policemen. Anyone who has total faith in the system.....and believes that all laws are applied equally....despite race...religion...or economic status...is a damn fool..... No not flaming anyone..but I have had experience with my pension that is "Federally Protected".. Bottom line of it is only...IF the State..County etc decide to abide by this..which many don't. They over ride a Federal mandate and do it anyway. Contact a Federal Court and they will say there is nothing they can do about a lower Court over ruling their order.. Ask an Attorney..they will tell you the same.. In this world of electronic technology..nothing including our money is Federally protected.. All they gotta do is electronically withdraw it if they feel they want to. Again..dealt with this before..but not form a 'fake check' but from a credit card collector after my card was stolen..REPORTED right away.It was still used..and I paid for it all..
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..BAD TO THE BONE..
% of the SSI they received. 
