Ken, I don’t think that we necessarily disagree, I think that we’re probably just looking at the situation from two different perspectives, that’s all. Now I see what you mean when you said:
“Not only are they out the amount that they sent to the con, they are also out the full amount of the forged note, as their bank seizes the funds from their account.”
I was looking at it from the perspective that the seller is ‘out’ the actual reptiles, because he never receives the cleared funds for them. You seem to be looking at it from the perspective that the seller is out the monetary value of them. Six of one, half dozen of the other, so I think we agree. ???
I think we may have different interpretations of a deposited check clearing however. You are correct that the Fed requires official monetary instruments be ‘available’ (most banks make exceptions for newer accounts, but Regulation CC does state that at least $100.00 of the check amount be made available immediately), but it can take as long as three weeks for an official check to actually ‘clear’. (This relates to the difference between your current and your available balance in an account.)
Official checks are first run through the proof department of the bank that receives it as a deposit, then through the Fed twice (thus the term “official” check), and finally to the bank from which the check was drawn. This is why it takes so long. If there was a stop payment placed on the check, it would not be caught until the check reaches the paying bank. I agree, it seems as though the check has cleared the depositor’s account, and it would be easy for someone to be duped by such a scam. There exists a misconception that official checks and money orders are safer than personal checks, but whomever purchases the check/mo has up until 10 days to place a stop payment on it. Therefore, it is my opinion that it is actually safer to accept a personal check, if you are sending/shipping anything in the near future. The check issuer can place a stop on a personal check, but it is usually not guaranteed, and they obviously have less than 10 days to do so. I still would advise that if accepting a personal check, that it be drawn off of a bank with a branch in your area so that you can cash it in person. Once you’ve done so (with proper ID, etc.) the liability of the check transfers to the bank from which it was issued. If you accept a check drawn from a bank that does not have a branch in your area, I would recommend that you at least call the bank to check the availability of funds before attempting to deposit or cash it against your own account. Thanks to the new Check21 law, personal checks clear much faster (99% of the time) so you can usually get a confirmation from your bank within just a couple of days as to the status of the check. Of course, every seller is entitled to his own payment terms, this is just what I would recommend after working at a bank and seeing how many people get cheated out of their money. (It got pretty depressing and frustrating, thus I left the finance industry and went back to school… but that’s an entirely different story.)
My apologies for this post being rather drawn out and somewhat off topic. Maybe I’m entitled to a warning, but I think that the information is important for people to know. Just doing what I can to contribute, you know??
Thanks
Paul
(unless I totally messed something up, and I don't think I did, I'm just speaking from my experiences, any further posts from me would probably just be splitting hairs.)
