Q: I have recently come across a scam that involves the use of united states post office boxes and a local bank branch.
My banking account was accessed using this scam and money is now missing. Do I need a lawyer or should I continue to look into this problem on my own.
A: It is difficult if not impossible for any lawyer to tell you whether you should seek legal assistance or continue looking into the problem on your own--when you have not described the problem first.
A: You need to immediately, in writing, notify the bank of the fraudulent activity. The Commercial Code allows banks and other financial depository institutions to be released from liability if you fail to contest improper transactions on your account within 30-60 days of receiving your bank statement covering the month the transactions occurred. The bank will institute a fraud investigation, and ultimately, if the fraud was not something you somehow allowed to happen knowingly (like you gave someone authorization to use or access your account), then the bank will have to make you whole. You can and should also call the police (not 911--this is not an emergency) and file a report and get a criminal investigation started.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
