Stolen Check

[jeangabriel]

New York.

Hi guys, Please help.

I have a small company and one of my clients had to pay me and she was supposed to send me a check through mail. I never received that check and when I inquired about the payment, she said she has already mailed me the check and she emailed me a copy of it. Later it was found that somebody had the same check cashed from a bank in another State. Now I don't know what to do. My Client says she is not legally responsible to pursue the case and that she has already sent me the check so she does not have to pay me again.

Please tell me what needs to be done and who is legally responsible to pursue this case and how. And will the payment be considered made in the eye of the law or she still has to pay me?

Thanks.

Regards,


Jean

 

[Antigone*]

New York.

Hi guys, Please help.

I have a small company and one of my clients had to pay me and she was supposed to send me a check through mail. I never received that check and when I inquired about the payment, she said she has already mailed me the check and she emailed me a copy of it. Later it was found that somebody had the same check cashed from a bank in another State. Now I don't know what to do. My Client says she is not legally responsible to pursue the case and that she has already sent me the check so she does not have to pay me again.

Please tell me what needs to be done and who is legally responsible to pursue this case and how. And will the payment be considered made in the eye of the law or she still has to pay me?

Thanks.

Regards,


Jean

Hello Jean,

Your client is still indebted to you because you did not receive the benefit of that check. Your customer has to file a check fraud claim with their bank. The bank will launch an investigation and should return the funds to his/her account.

As far as you are concerned you have not been paid and should treat the debt as outstanding. In other words...continue to bill her and make sure she knows that you expect payment.

Take care - ana

 

[CraigFL]

You should also try to obtain a copy of the check -- front & rear for your records so you can see exactly how & where it was cashed. It would verify the check was actually sent to you with your name on it and may give you insight on who might have actually cashed it. I had this excuse given to me one time and when the party actually retrieved the check, they found that a duplicate check number was issued and the check was for someone else.

 

[jeangabriel]

Thanks!

Thanks Ana!!! Thanks Craig!!! God Bless!!

 

[jeangabriel]

Hi!

One more thing. She sent me a copy of the check that she claims she mailed to me. That check was made out to my company.. how can someone else cash it? is it possible that someone else can cash a check which was made out to my company?

 

[VeronicaLodge]

not legally

 

[CraigFL]

One more thing. She sent me a copy of the check that she claims she mailed to me. That check was made out to my company.. how can someone else cash it? is it possible that someone else can cash a check which was made out to my company?

How was the back endorsed and what bank did it go into?

I've seen companies accidentally cash checks that were sent to them incorrectly. They just open envelopes, stamp the back of the check with "For Deposit Only" and send it to the bank for deposit into their regular account. No one usually catches this until it is questioned. So it may be a completely innocent/accidental act.

It's interesting for you to trace but you really need to make your client do the legwork impressing on them that they HAVEN'T paid you yet so they are legally responsible to pay you first and then resolve it.

 

[Antigone*]

One more thing. She sent me a copy of the check that she claims she mailed to me. That check was made out to my company.. how can someone else cash it? is it possible that someone else can cash a check which was made out to my company?

It is called a forged endorsement and this needs to be initiated by your client. Remind your client that you still need to be paid. Let her deal with her bank and ask her to make you whole.

Don't worry or involve yourself more than you are required to (you may be asked to sign an affadavit, you might not) to. It won't help you get paid any quicker.

 

[jeangabriel]

Thanks Guys.. I will do the same!