Had a friend who deposited a check that someone claims is fradulent. (funds, pay)

[beenhereandthere]

I know someone who hopefully won't be trobule. The person went ahead and cashed a check that was from someone that she didn't know. However, she cashed it. Could have been a secret santa, someone letting her know thru junk email and she did not pay attention to it, etc. I called the number listed on the envelope, 3 days later that she got however and there is a recording claiming that the check is fradulent due to idenity theft. For all her and I know, maybe the voice on the answering machine is lying.
If this turns out to be true, however, could she be charged with anything legally? She's waiting to see if it goes anywhere (letting anyone who has an interest in it coming to her). However, she may report it to local law enforcement as well. She's not sure what she wants to do.
Until she is told by law enforcement that that is a bad check (for now, we know it COULD be one, not IS bad by someone who is not of authority, plus the bank cleared it, and there's no hold on the funds), I don't think she could be charged with anything.
Her checking account number is nowhere on the check according to the bank so, I don't see where she could be a victim of idenity theft.
She's had some hard times lately, so that's why she's going with the "wait and see attitude". If she spends any of the money, I think she just gives up whatever is left, if it turns out fishy.
Please be kind. Thanks.

[trishguard]

Who was the check made payable to?

And I don't thin the recording is saying that your girlfriend is the victim of identity theft, but the maker on the check is.

I don't see how she can be charged with anything unless she stole the check or forged signatures.

She should probably go the her local bank branch manager and discuss closing her account.

[FarNorthDallas]

The money can still be sucked back out of her account even though it is currently cleared. They could suck it out without warning two weeks from now. Be careful.

[Rose Red]

My credit union always asks if I know who checks are from. Everytime I deposit a personal check or money order. They always ask me if I know who wrote the check. I say yes, because I do.

I wonder why they would do if I said NO?

[SuSuSushi]

She's liable for any money the bank issued if it's a fraudulent check. So even if she took the money and spent it, they'll get it back out of her one way or the other. She needs to go immediately to the bank and talk to them about it. Just because it cleared doesn't mean it's a good check, and it will look a lot better on her if she tries to deal with it rather than taking a "wait it out" attitude. Waiting it out will not make the problem disappear, it will only exacerbate it.

[Bigg Mann]

I once had 7000.00 accidentally deposited into my checking from a large business that would not have known that amount right away. I went to bank and told them and they said not everybody would have done that and I might have gotten away with it.

But when they did find out eventually I would be responsible for paying it back. Glad I did and feel good about it.

[Guntersville Boomer]

I know someone who got a check for $2000 with no reason enclosed, was fed ex'ed to her. It was drawn on an account out of Alaska. I helped her research it and come to find out it was drawn off an elderly man's account living on a retirement income, we turned it over to law enforcement.

[Flamingo13]

I just don't get why someone who is scamming someone or stealing their identity would send a check(s) to random people.

[beenhereandthere]

Originally Posted by Flamingo13

I just don't get why someone who is scamming someone or stealing their identity would send a check(s) to random people.

That's the thing that makes me skeptical about that warning. Wouldn't someone who stole someone's identity to write illegal checks spend the money on themselves or friends that they know?

[Flamingo13]

Exactly!