Liability for a Deposited Check Later Found to Be Fraudulent
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 2, 2026
Legal Inquiry
Consumer Legal Issue
Bank cleared scam check.
I am positive for Covid at the moment my landlords daughter in law served me with a 3 day leave premises notice can she do that.
Attorney Answer
A bank can still take back money it initially made available to you, and here that's likely what happened. Under normal check-processing rules, an "available" balance is provisional — it is not a final payment. When a check is later discovered to be counterfeit, the bank reverses (charges back) the deposit, and the person who deposited the check typically owes that money back, even though they were the one scammed. Being the victim of this kind of scam is not a crime.
What you can do:
1. Contact your bank's fraud department right away and explain exactly what happened.
2. Keep every text, email, envelope, and document connected to the "employer" or whoever sent you the check.
3. Report the scam to your local police department and to the Ohio Attorney General's office.
4. Do not wire, Zelle, or otherwise send back any "excess" funds from that check to anyone — that is the core of this scam.
About the 3-day notice you received:
Under Ohio Rev. Code § 1923.04, a 3-day notice is only the first required step in an eviction — it is not an eviction itself. Your landlord still has to file an eviction case in court, and a judge must rule in the landlord's favor before anyone can legally remove you. The statute allows the notice to be delivered by hand, sent by certified mail, or left at the property, and having someone acting on the landlord's behalf — such as a relative — deliver it is generally valid. Being sick with COVID does not pause the notice, but you are not required to move out within 3 days. You have the right to respond and defend yourself if a case is filed in court. Contact your local legal aid office right away for help with this.
⏱ Time limits apply. Eviction timelines move quickly, and a prompt, individual review of your situation by a local attorney or legal aid organization is strongly recommended.
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Courts & Legal Aid in Ohio
- File or look up a case through the Supreme Court of Ohio, which serves the state.
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- Visit FTC — Report Fraud to report scams and deceptive business practices.
Frequently Asked Questions
Can a bank take back money from a check that was later found to be fake?
Generally yes; funds made available from a deposited check are provisional, and banks can reverse the deposit once a check is discovered to be counterfeit.
Am I responsible for repaying money from a scam check even though I was deceived?
Generally, the person who deposited the check typically owes the reversed amount back to the bank, even if they were also a victim of the scam.
What should I do if I think I've received a fraudulent check?
Generally, contact your bank's fraud department immediately, keep all related communications, and report the scam to local police and your state attorney general's office.
