Is a bank liable for a counterfit cashiers check ?

[seancc]

What is the name of your state?NY
Is a bank liable for a counterfit cashiers check ?
Case description : I advertised a PWC on an internet ad and was contacted by a person to purchase the pwc from me for $2700. he sent a counterfit CASHIERS check for $5500, I cashed it at my bank, M&T Bank, deposited 2700 in my account, sent balance of $2800 via Western Union to the shipper for pick up and delivery of item, person then sent me a email state-ing that buyer died and needed money back minus 500 for my troubles = $2200 to cover burial. I investigated and found this is a NIGERIAN 419 scam.

Now this has happened to this bank (atwhich I cashed the check) 1 time before the manager told me.just months prior to this event.

IT seems to me that if it happened once before I would check the status of the check before it was cashed... Is the bank liable for any of this ? maybe even half of the loss? I lost $2800

WORD TO THE WISE OR NOT SO WISE------ DON"T DEAL WESTERN UNION OR OVERSEAS!!! Did you know a western union transfer can be picked up any where in the world if they got the right MTCN number?

 

[I AM ALWAYS LIABLE]

What is the name of your state?NY
Is a bank liable for a counterfit cashiers check ?
Case description : I advertised a PWC on an internet ad and was contacted by a person to purchase the pwc from me for $2700. he sent a counterfit CASHIERS check for $5500, I cashed it at my bank, M&T Bank, deposited 2700 in my account, sent balance of $2800 via Western Union to the shipper for pick up and delivery of item, person then sent me a email state-ing that buyer died and needed money back minus 500 for my troubles = $2200 to cover burial. I investigated and found this is a NIGERIAN 419 scam.

Now this has happened to this bank (atwhich I cashed the check) 1 time before the manager told me.just months prior to this event.

IT seems to me that if it happened once before I would check the status of the check before it was cashed... Is the bank liable for any of this ? maybe even half of the loss? I lost $2800

WORD TO THE WISE OR NOT SO WISE------ DON"T DEAL WESTERN UNION OR OVERSEAS!!! Did you know a western union transfer can be picked up any where in the world if they got the right MTCN number?

My response:

This is covered under Uniform Commercial Code. Until the check clears the drawers bank, you remain the "holder in due course". Thus, you remain liable despite what your bank told you; i.e., "The check cleared".

IAAL

 

[JML1976]

I am located in MA - This exact thing just happened to me in May 1 week before my wedding....I am now out $4,700!!! Its the most upsetting thing that has ever happened to me.

My question is...Does anyone know if I can report this on my taxes as some sort of "loss" ?