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Old 03-30-2019, 09:42 AM   #1
dean from bozeman
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Default Any recourse for this recurring scam

This has happened to Model A guys so I am asking about what to do on this forum.

My wife and I rent out our renovated barn for vacations and events. The scam that is being offered is the old "The check that I am sending you is for over the amount. Please cash it and send me the amount that is in excess'.

I know it is a scam. I have told this guy that we will not cash it. His options are:
1. I'll send it to the return address.
2. They can put a stop payment on the check.
3. I can destroy the check.

He keeps coming back that we can make a deal, etc.

Now I could ignore this but I really don't like scammers. It makes my blood boil. What are my options to help put this guy out of business...or at least wound his scam? The check is from the Atlanta area. Notify the Atlanta police? But what has he done wrong...overpaid?

I will report him to Homeaway since that is where the contact came from but I feel that is not enough. Do I have any recourse?

If anything maybe this post will keep one Fordbarner from getting caught in a scam like this.

Last edited by dean from bozeman; 03-30-2019 at 09:47 AM.
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Old 03-30-2019, 10:10 AM   #2
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Default Re: Any recourse for this recurring scam

The police department where I live has a small two man department for cyber crimes which this would fall under and they work with law enforcement in other states. This is something that they can run down and check on as these scams are often part of something much larger. Most PDs will not have such a department, but perhaps just check with yours or county sheriff or sending an email to the FBI to inquire what they can do. If they sent by mail, perhaps you could inquire with the local postmaster (mail fraud).
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Old 03-30-2019, 11:03 AM   #3
Dick Steinkamp
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Default Re: Any recourse for this recurring scam

My advice is just to ignore these guys. ANY communications you have with them just encourages them to keep after you. The odds of police catching up with this guy (or any of these relatively low value scams) are slim to none. Don't waste your time, energy, (and boiled blood ) responding...ever.

You can notify Homeaway (I would), but the scammer will likely change his Homeaway log in and profile 10 minutes after he gets banned by Homeaway.

Same with phone scams. I only use a cell phone (no land line). If a call comes in from a number not in my known contacts, I don't answer it. If it is truly something that needs my attention, the caller will leave a voice mail and I can call back. Talking to phone scammers (even if only for long enough to find out it is a scam) puts you on a priority list with them.
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Old 03-30-2019, 11:22 AM   #4
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Default Re: Any recourse for this recurring scam

You have his check, cash it and when it comes back insufficient funds etc, now you have a case for law enforcement as it is a bad check.
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Old 03-30-2019, 11:40 AM   #5
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Default Re: Any recourse for this recurring scam

What the perpetrator is proposing is not a crime,its only when you are defrauded does a crime occur.
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Old 03-30-2019, 12:11 PM   #6
Keith True
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Default Re: Any recourse for this recurring scam

The check coming from Atlanta means nothing.I'm sure you've all seen ads where you get paid to address and mail advertisements and such.It was always a legitimate thing,you got a few cents each to do hundreds of them.They get a box of 500,1000,whatever number it happens to be with an address list.The people in Atlanta,or whatever city they are in does their part and mails them out.The people actually doing the mailing have no idea what they are sending out.They are performing a legit service for people that are not so legit.An FBI guy working the Nigerian 419 scam told us about a woman that had sent out thousands of these scam letters.she had also sent out hundreds of thousands of letters for Sears,LL BEAN,siding,roofing,and window people.It was just another day in the life of a disabled home worker.Where you are having interaction with him your situation sounds a little different.
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Old 03-30-2019, 12:13 PM   #7
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Default Re: Any recourse for this recurring scam

Quote:
Originally Posted by abachman3 View Post
You have his check, cash it and when it comes back insufficient funds etc, now you have a case for law enforcement as it is a bad check.
abachman3,

I agree completely with your advice. In fact, I would tell the guy that I will deposit it and as soon as the bank indicates that the check has cleared and the funds have been withdrawn from his account, I will send him the funds. I would add, that, there will be a significant processing fee for my trouble.

I believe attempted fraud is a crime but it's very difficult to prove so most jurisdictions don't think it's worthwhile to prosecute such a crime unless the amount is significant.

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Old 03-30-2019, 02:27 PM   #8
Dick Steinkamp
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Default Re: Any recourse for this recurring scam

Quote:
Originally Posted by abachman3 View Post
You have his check, cash it and when it comes back insufficient funds etc, now you have a case for law enforcement as it is a bad check.
If law enforcement got involved with every check that bounced, that's all they would do. Not a crime unless the person received the goods or services and paid with a check that bounced and never made it good. Even in those cases, law enforcement would never get involved, just the courts (maybe).

In this case, the scammer will not have received the services (the barn rental) and never will. Not even the courts would get involved.


Don't overthink this. Let it go.
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Old 03-30-2019, 03:04 PM   #9
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Default Re: Any recourse for this recurring scam

Most PD's won't take a report until there is a monetary loss. Even then it'll be hard to do much of anything with it.

If you have contact info for Atlanta consider reporting to the Georgia Attorney General and see if they are interested in any of it.

-Tim
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Old 03-30-2019, 05:53 PM   #10
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Default Re: Any recourse for this recurring scam

Better check with your bank. Deposit a bad check and you will probably be getting charged a returned check fee.
What I do is get their hopes up and string them along as long as I can.
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Old 03-30-2019, 08:53 PM   #11
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Default Re: Any recourse for this recurring scam

MickeyT is correct that you need to check with your bank. Most banks have a returned fee for checks that bounce, usually $35 or more. Sadly, you have little recourse except to play with the guy if you have time for that.
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Old 03-30-2019, 09:57 PM   #12
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Default Re: Any recourse for this recurring scam

Contact the postal inspector.


If you believe you've been victimized by a scam involving the U.S. Mail, you can get help by contacting your nearest Postal Inspection Service office in one of three ways: Call 1-877-876-2455 (press option “4” to report suspected mail fraud). Visit postalinspectors.uspis.gov to report suspected fraud online.
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Old 03-30-2019, 10:01 PM   #13
al's28/33
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Default Re: Any recourse for this recurring scam

Dean you are the owner and can thus stipulate in your contract..... "Owner has the right to refuse business with anyone."
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Old 03-31-2019, 02:01 AM   #14
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Default Re: Any recourse for this recurring scam

Recourse? I think your recourse is to stay away from them and don't fall for it. There will never be an end to people trying to separate others from their money. Unfortunately!

I work at a bank. You would not believe the number of forged and bogus checks there are out there where people send a bogus check to someone hoping they fall for their schemes. And many intelligent and cautious people still wind up getting bilked by the schemers. In the end, we are our own protection.

Be cautious and be diligent.
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Old 03-31-2019, 08:09 AM   #15
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Default Re: Any recourse for this recurring scam

Most bad check charges are when one writes bad checks on their account
Not for a dishonored deposit. At least that’s what I’ve seen and I’m a retired cpa that has seen lots of client books
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Old 03-31-2019, 08:53 AM   #16
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Default Re: Any recourse for this recurring scam

You can make it expensive for him. Make him send you the check certified mail, then refuse it. It'll cost him a few bucks.
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Old 03-31-2019, 09:52 AM   #17
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Default Re: Any recourse for this recurring scam

Send the overage back to him with Monopoly money Dean.
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Old 03-31-2019, 10:01 AM   #18
Dick Steinkamp
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Default Re: Any recourse for this recurring scam

Quote:
Originally Posted by al's28/33 View Post
Dean you are the owner and can thus stipulate in your contract..... "Owner has the right to refuse business with anyone."
That hasn't been true since 1964.
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Old 03-31-2019, 10:20 AM   #19
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Default Re: Any recourse for this recurring scam

Some invent unknowned ailments & sell their "poo-poo" flakes to cure it!!!
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Old 03-31-2019, 06:34 PM   #20
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Default Re: Any recourse for this recurring scam

Put the check in an envelope and leave it on a bus or a park bench in the right area .
Somebody will fix it for you
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