08/31/2009
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.
06/01/2009
Two checks for $20,000.00 were deposited to a relative's account without endorsement of the payee. The money from the deposit was diverted to a mutual fund by the person who made the original deposit. If we go back to the issuing bank and sign an affidavit of forgery, will the bank that took the checks for deposit try to recover from all persons named on the account? Are all account holders liable for the actions of one of the account holders? This is a very sticky family situation.
04/20/2009
We have a customer who sent a check for payment to a specific company. Company says they did not receive check, however, we found that check had been paid and endorsed by someone else not related to the payee company. Endorsement is not as drawn and not a forged endorsement. What course of action do we take for the customer?
11/10/2008
How many days does a financial institution have to return an altered item? We have returned one after five business days and received a late claim return and would like to know our return rights.
09/29/2008
My customer says that a check she wrote to her daughter was never received, however, the check has cleared the customer’s account and she states her daughter’s signature has been forged. I know the BOFD warrants the endorsement, but what action must be taken to recover the loss? Does the paying bank need to have an affidavit of forgery of the endorser? Please advise.
03/31/2008
My bank has a client that had a "voluntary social companion" steal and forge three checks. The client admitted he allowed her into his home many times prior to this incident and that they had a physical relationship. In speaking with the local police, he is known for engaging in the "oldest profession" (I am not talking about baking bread). The checks were passed at three local courts for criminal fines. The client feels that we should be responsible for his loss. What do you think?
01/28/2008
I have a question regarding the reissue of a cashier's check. We closed a CD for a customer and mailed the monies via cashier's check. The check is lost in the mail. Since the bank is the purchaser, can I reissue the check with the customer signing an affidavit of lost check? What is our liability?
05/14/2007
Are we required to obtain an affidavit from customers if they report a check counterfeit and want it returned?
01/09/2006
We have a customer who wrote a check to a business to pay a bill. The check was cashed and he has the returned check. The following month, he got another bill saying that it had never been paid. Come to find out, a person at the business had stolen the checks from the company and deposited them into another account at another bank. We are not sure if the suspect opened the account at another bank in her own name, or if it was in the business's name with their Tax ID and information, as she would have had access to that information as well. Either way, who would be responsible for the loss? I am under the impression that it would fall back onto the business or the other bank, as they do have due diligence to verify and know who they are opening an account for, am I correct?
12/01/2005