What will happen if I deposited a check that was part of a scam and I already spent some of the money?

Question

I deposited a check and spent a 700 before knowing it was a scam and I got lured but my bank account isn’t set up to do overdrafts because I’m still consider a minor what will happen??

Answer 1

There is information missing from your post which makes giving you a clear answer difficult. For instance:

1. Who discovered this was a scam - you or the bank?
2. Has the bank already paid the checks you wrote before the scam was discovered?
3. Did you have enough money in the bank to cover the checks after deducting the money that was deposited as part of the scam?
4. Did the scammers pay you with a check that bounced?
5. What country are you in?

So, let me see if I can give you some general answers based on assumptions.

Without knowing what country you're in, it's VERY difficult to give you answers because countries have their own banking laws that can affect the legal and financial consequences of your situation.

If the scammers paid you with a check that bounced after you used some of the money... - Well, the bank is going to charge you for the bad check you deposited (most banks charge a fee if you deposit a check that subsequently bounces), and also subtract the amount of that check from your balance. If your account has a negative balance because of this then the bank will give you a few days to maybe a week to make a deposit to clear the negative balance, and if you don't they will close the account and report it to ChexSystems, a company that acts like a credit bureau for banks and financial institutions. That could make it much more difficult to open any new accounts until or unless you clear the issue up with your bank.

If you wrote checks that hadn't cleared by the time the scam was discovered and the money from the scam was deducted from your account... - In this case it can get VERY, VERY expensive for you. Each check you wrote that bounces is going to add up some pretty hefty bounced check fees, both with your bank and with the merchant(s) you paid with those checks.

So what should you do? I think your best course of action, especially since you're still a minor, is to have your parents go down to the bank with you and talk to someone about the situation to see what can be done. Depending on the bank and the amount of money involved, the bank might be willing to work with you to resolve this in a way that doesn't make your life messy for a bit. Since you were the victim of a scam (did you report this to the police? if so, take a copy of the report, if you have it, when you go to the bank) they might have some pity on you, even more so because you're a minor and not really expected to be as savvy about what to watch out for as they'd expect adult customers to be. If the conversation goes well then perhaps they can waive some (or even all) of the fees associated with the checks.

Next, I would contact every one of the merchants you gave a check to that hasn't cleared yet and let them know there might be a problem. That way maybe they can avoid getting hit with a bounced check charge themselves, and it could help in getting them to cooperate with coming up with a solution for how you'll pay what you owe. They are less likely to be cooperative (or pleasant) about it if you let them wait to be surprised by a notice from their bank about your check.

This is a tough situation for almost anyone, and it has to be even more difficult and disappointing for you because it is one of your first experiences with the adult world of banking. But you can get through this by being forthcoming with the bank, the merchants you paid with checks that might not clear, and your parents. It's a good early lesson in how to manage money, deal with banks, and know what to look out for when it comes to scams (because there are a LOT of them out there!). Treat it as a learning experience and next time don't spend money from a deposited check until you're sure it has cleared first.