Live data from Hacker News

Ask HN: A check from PayPal to me was stolen and cashed. What can I do?

news.ycombinator.com

11–20 of 57 posts

Re: Ask HN: A check from PayPal to me was stolen and cashed. What can I do?

#11
None of this is legal advice, but I'm a student of negotiable instruments like checks and the history they have in our system of law and finance.

Checks are negotiable instruments governed by UCC Article 3, which has been adopted in all or nearly all states in the US. The drawer of a check, in this case Paypal, is normally liable for when an impostor presents the check or when their employees forge indorsements in the name of the payee. The thinking is that the drawer is best positioned to protect against that kind of fraud.

Depending on your state, you can probably take them to small claims court over this on the theory of a fraudulently indorsed instrument. You might also have a claim for breach of contract for failure to return the balance on the account, although you'd need to show how their failure to give you your money breaches a contract or statute, and that might be hard to do without a lawyer. The claim for fraudulent indorsement of the check is probably cleaner and less fact intensive.

Small claims is really accessible to non-lawyers, and PayPal probably won't even show up. You could get a default judgment and then, if you really wanted to, execute that judgment against their bank, which you can probably see from the copy of the cancelled check.

Again, none of this is legal advice! It's going to be time consuming and maybe not worth $270 but if you have the time and will, I'd say go for it.

Re: Ask HN: A check from PayPal to me was stolen and cashed. What can I do?

#13

Slightly off-topic: has PayPal become unusable in the browser for anyone else? When using Firefox, no VPN, no ad blocking, I get some nondescript error that bounces me from the login screen. My IP must be on some list, but it is really annoying.

I use Firefox on Linux with uBlock Origin, as well as Enhanced Tracking Protection.

Unfortunately, it works fine in the browser -- if it didn't, I'd be $270 richer right now!

Re: Ask HN: A check from PayPal to me was stolen and cashed. What can I do?

#14
post #6

> "pay to the order of " So it was pre-filled by PayPal as remitted to , and not you? And you have the image proof of this?

I disbelieve that capital one gave this dude someone else’s check images without any court order. There is absolutely no way they walked into a bank with and came out with the images.

Re: Ask HN: A check from PayPal to me was stolen and cashed. What can I do?

#15
post #8

[flagged]

Sure, if I'd had the option of receiving these funds via crypto instead of PayPal, I 100% would have taken that.

Ethereum would probably be the worst choice of any major crypto, though. Still better than PayPal, of course, but even mostly obsolete Bitcoin would be preferable to Ethereum.

Re: Ask HN: A check from PayPal to me was stolen and cashed. What can I do?

#17
post #6

> "pay to the order of " So it was pre-filled by PayPal as remitted to , and not you? And you have the image proof of this?

I disbelieve that capital one gave this dude someone else’s check images without any court order. There is absolutely no way they walked into a bank with and came out with the images.

Whoever writes the checks (PayPal in this case) can get images of the cashed checks easily.

He also stated PayPal sent him the checks.

> After some back and forth (...) I am even provided with a copy of the canceled check

Re: Ask HN: A check from PayPal to me was stolen and cashed. What can I do?

#19
post #6

> "pay to the order of " So it was pre-filled by PayPal as remitted to , and not you? And you have the image proof of this?

I disbelieve that capital one gave this dude someone else’s check images without any court order. There is absolutely no way they walked into a bank with and came out with the images.

[deleted]

Re: Ask HN: A check from PayPal to me was stolen and cashed. What can I do?

#20
post #6

> "pay to the order of " So it was pre-filled by PayPal as remitted to , and not you? And you have the image proof of this?

I disbelieve that capital one gave this dude someone else’s check images without any court order. There is absolutely no way they walked into a bank with and came out with the images.

> I disbelieve that capital one gave this dude someone else’s check images without any court order. There is absolutely no way they walked into a bank with and came out with the images.

It sounded like PayPal provided the images to him.

Post reply on HN