Check fraud

What is the name of your state? New Jersey


What is the bank's responsibility, if any, if they cash a check with a forged or improper signature. They claim they are not responsible for this and have no legal obligation to reimburse funds into the account. Is this true?


Thank you

[Dandy Don]

Their liability is limited--how can they expect to be able to know how valid a signature is after looking at thousands of signatures per day?

How much are the damages and have you figured out who the culprit is? Consider a claim in small claims court, or discuss this with the bank to see what option they suggest--surely they have come across this before.

Yea, we know who it was, but the amount was limited (under 500 bux) so this isnt really on the police's proiority list. Thanks for the advice though. As a side note, I always assumed that was part of a bank's job, checking the signatures on checks. If it isn't, then requiring a signature on a check means nothing, and there is really no protection against check fraud unless it is on a massive scale and thus forces authorities to take action. So this is really a pretty good example of how little protection banks actually offer for one's money, I suppose. Oh well.

[Ladynred]

I've got news for you, banks do NOT check signatures !!! 99.9% of all checks are processed ELECTRONICALLY - no human eyes involved whatsoever to verify signatures that would be FAR too time-consuming. Once you discover a fraud, THEN you can get a human being involved.

Originally Posted by stevehim

What is the name of your state? New Jersey


What is the bank's responsibility, if any, if they cash a check with a forged or improper signature. They claim they are not responsible for this and have no legal obligation to reimburse funds into the account. Is this true?


Thank you

YOU CAN TAKE THEM TO COURT

Thank you all for your help in this matter, but when we approached the bank we were told there is nothing they can do about it, and they will not refund the money. Unfortunate really, but I guess thats the way the world works. The amount was too small for the party involved to go to court over (or to wish to go to court over), but I am also curious if the bank is legally responsible or not (or is this up to a judge to decide).

Again, thank you all for the prompt advice.

I am based in CA - My Ex-girlfriend stole 13 checks of mine and starting in July proceeded to withdraw $4,700 from my account - As soon as I noticed this which unfortunately wasn't until the beginning of November - I closed my account and had the bank send me the suspicious checks - To my horror it was my Ex-girlfriends signature on all on my checks - Wells Fargo have declined my fraud claim saying that it was declined because I did not notify them from 30 days after the first fraud?? Surely this is the whole point of the fraudster to get away with it as long as he/she can until noticed? I tried to get the girl to return my money but her first check bounced....So now what do i do? I thought banks were there to help and protect you(well every ad I see today says so) Now I am nearly $5,000 dollars down and have no help?? Help!
Thank you
Jeff

[Ladynred]

jrayner - if you really want YOUR question answered, don't hijack someone elses thread, start your own.

I have to agree with the bank to some degree.. don't you balance your checking account or check on it any way ?? How the heck does somoneone go almost FIVE months w/o watching your account ???

You have the checks with her signature on them -- call the police and sue the bitch !!

[Dandy Don]

Find out what the financial limit is in small claims court--you will need to sue her either in small claims court or in civil court.

Come up with a good explanation as to why you don't check your returned check/cancelled check bank statement every month.

Is the forged signature obviously not yours?

I have a lot of in and out goings from my bank - I was also away in Australia for over a month - The amounts were going out in $200 and $400 increments so it wasn't one lump sum and made it harder to find.
The handwritting on the checks is in the same pen and same style as the person who wrote them - The signature is not that great - Sorry for posting in someone else's forum - I am not too hot at this.
Thanks for the replies
Jeff

[Sam111]

I think I have seen this case on Judge Judy

Also keep the rubber check she paid you to show she admits to the theft by trying to pay you back. Hiring one of those signature experts also helps, in case she tries to deny it.