Affidavit of Forgery

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Question:

We have a customer who deposited a counterfeit check and used some of the funds before the check was returned. She is overdrawn $1000. She is now saying that a certain check sequence has been forged. We looked at the items and they are not her signature. Let's say those are for $500. She wanted to fill out an affidavit of forgery. A co-worker will not give her one until she deposits the $500 that she owes us. I don't think that is correct. If she did't write the checks, she didn't write the checks. I do suspect that she is involved, but didn't know if we could refuse her an affidavit for the ones that appear to be forgeries.

Answer:

You each have a claim against the other, but your claims come from different sources. What your co-worker is saying is, "Sue me and, if you go to the trouble, I will sue you right back." Right or wrong, I would probably follow your co-worker's lead, even if I did not believe the customer might have colluded with the forger.

First published on BankersOnline.com 8/31/09