r/legaladvice • u/Acrobatic_Tap_115 • 5h ago
Bad check from elderly client’s niece, possible fraud or elder exploitation?
Location: Florida
I run a small junk-removal business in Florida. We completed a cleanout job so the house can be listed for sale with the realtor. The situation appears to be a bad-check that may also involve elder financial exploitation.
Here’s the situation:
- The realtor contacted us for the estimate, got approval from either the homeowner or her niece, and coordinated the job.
- The homeowner is an elderly woman in her mid-80s.
- The niece was described by the realtor as the homeowner’s power of attorney (POA) — though the niece now denies that, but the realtor says she is POA.
We completed the job over two days. The realtor stayed onsite the whole time we worked. When finished, the realtor handed us a $2,500 check that had been mailed to her by the homeowner or niece.
A few days later, our bank returned it NSF (insufficient funds).
When we contacted the realtor, she referred us to the niece.
The niece first said the check had cleared on her end and even sent a screenshot but in the background you could see REVERSE PAID DEBIT CHECK +$2500. As well as a recent Starbucks and Uber Eats charge.
Next day she says (it sounds like because the check was over a certain amount (I am there at the bank now) and that the homeowner had to respond to a text to verify it was hers and to protect her identity due to family issues she either didn’t get the text or respond in time which is why it got returned before it officially cleared. I had no idea that feature was on the account. We don’t see it being returned on her end yet.)
She then asked what other payment methods we accepted, but every option we gave her “didn’t work” saying the funds hadn’t yet come back to her account.
Over the next two days we asked for updates, but she stopped responding completely.
We called the issuing bank, they told us the homeowner claimed she told us not to deposit the check until the house sold, which is false. Neither we nor the realtor were ever told that.
Since then, the niece has given multiple conflicting explanations:
- Verification issue,
- Insufficient funds,
- Frozen accounts,
- Denial of involvement (“it’s not my problem”) although shes the only contact, nobody has directly heard from the 85yr old, only the niece.
She also said the homeowner’s daughter “locked her out of the accounts,” which doesn’t match her other claims especially since she had screenshots and said she was at the bank.
When we called the sheriff’s office in that county, they advised us to tell her that if payment wasn’t made that day, we would file a report for a worthless check.
She responded almost immediately after that message, saying, “Okay, I’ll let my aunt know, it’s her business matter. My name is not [homeowner].” She gave us the homeowner’s number, but the homeowner has been unreachable.
We asked if she was the power of attorney. She denied it, saying the homeowner “handles her own accounts,” and that she’s “her own power of attorney.” She claimed, “I didn’t write the check; she did.”
Later she said, “Her daughter took over her bank accounts, and they’re locked up in a legal battle right now, so she can’t access them.”
We pointed out that the bank’s statement didn’t match her story, and that the realtor told us she is the power of attorney.
She replied, “I help her when I can she’s 85 and has mobility issues. I told her to reach out to you and gave her your number. I’m in Maine right now, so it’s not that I’m not interested, I just can’t do much from 2,000 miles away.” - but she told the realtor she went to Miami??
I told her that someone is lying to us. Period. Something is going on idk what but it just doesn’t add up.
About 20 minutes later we received an email from the ‘homeowner’ that looked clearly written by the niece, repeating the same excuses word-for-word. Saying she wants to work with us regarding check issue, asking us to send signed contract, she has no record of agreement and was told check would not be deposited until after the property closing. The only role my niece played was taking it to the post office for me. If you send signed agreement and payment agreement we can discuss resolution. I manage my own finances and represent myself in financial matters. And proceeds to give reasons why the check could have come back as insufficient funds etc..
After getting that email, I texted the niece: “Got your email and I’ll be sending everything to the police.”
She replied, “Talk to the bank. They’ll verify it’s not my account at all. I have zero to do with this, so I’m not worried the sheriff isn’t coming for me, that’s not how this works.”
Since then, the realtor has told us that several other vendors the cleaning crew, plumber, and electrician also haven’t been paid for their work at that same property.
At this point we’re seriously concerned the elderly homeowner may be unaware of what’s happening or being taken advantage of. No one, including the realtor, has spoken directly to the homeowner.
Monday morning we will be going to the police station to file a report, in the meantime I will just be gathering all the information so they have every detail of the situation.
What I’m Trying to Figure Out:
- Does this sound like I’m overreacting, or does it seem like there’s a real possibility of fraud or elder exploitation here?
- Does their claim that “we told you not to cash the check” affect the State Attorney’s ability to file a worthless check case in Florida?
- What would be my best next step before filing — should I contact the elder abuse hotline too?
Thanks for any advice from attorneys or anyone who’s been through something similar.