drug addicted relative stole my checkbook

[ampersand]

What is the name of your state?Illinois

Long story short, my sister has been sentenced to a drug recovery program outside Chicago. She was arrested over the summer for writing over 20 hot checks at her local Wal-Mart. These checks were stolen from my mother and I, both accounts having been closed years before. She and her boyfriend would write a check under $150, then return the merchandise for cash a short while later. According to her, they were making several hundred dollars a day with this system. After many phone calls and letters, my mother has been able to get Wal-Mart off her back. I am just beginning my battle with the super store.

When I contacted the Manager of this Wal-Mart I was told that they always check ID when accepting a check and that third party checks are not accepted. My sister tells a much different story. She would write her drivers license number (or someone else's) on the check, along with a phone number, and hand it to the cashier. Most of the time, because the info was already written on the check, the cashier would not check ID. In fact, several even thanked her for writing down the info for them!! When they did ask for ID, her reply was that she'd lost it. This would bring a manager over who (after much pleading from my sister) would concede and take the check, saying "I can make an exception this time..." If they ever had checked for ID, they would see that our names are in no way similar, my mother and I both being married with different last names. The most unbelievable part is that the manager that I spoke to said that there was no way that this could happen - when it happened over 20 times!!

Could I seek restitution from Wal-Mart for this?? Thanks for any replies!

[justalayman]

Restitution? For what? Who took any of your money?

They are trying to get restitution from you because they think you got their money.

[ampersand]

Wal-Mart is trying to get restitution from my mother and I for the checks, even though they were stolen from us. I just received a letter saying that they're going to press charges against me. I was told on the phone that they will continue to pursue it until they get a copy of the police report- which is the catch since the police report is "not for public record."

When my sister was released to her rehab she was ordered to pay restitution to Wal-Mart (good luck- it's literally in the thousands). So why are they also seeking restitution from my mother and I? They know the checks were stolen.

I'm a store manager for a major retailer out here in Oregon. We have precautions in place to make sure that a) the check matches the ID that matches the face- common sense, right? b) a check from a closed account will come up "declined." I think that it's irresponsible for Wal-Mart to take over 20 checks from a couple of addicts that have no ID and someone else's checks from closed accounts. I'm sure my sister wasn't the only one doing this! I want them to be held accountable. Were they breaking any laws by doing this?

[justalayman]

I'm not sure how they claim a "police report is not a matter of public record"
When it is. They may be refusing to give the report due to an ongoing investigation, which is a legit claim. Since this directly involves wal mart, have you asked the police to send a copy of the report to Wal mart?

The odd part here is that it sounds like it has taken place over an extended period of time and you claim to have no idea about it until Wal mart contacted you. Was the address on the checks your current adress?

If you cannot get any satisfaction with the local Wal mart, they do have HQ in Arkansas. 1-800-wal-mart

How do they know the checks were stolen?

I would talk to an attorney now. They may be able to help clear this up and if not, it sounds like you are going to need one anyway.

[Ladynred]

Did you and your mother file complaints against your sister ?? That would generate police reports documenting the theft of the checks and which you would most certainly have a right to.

At the very least, you and your mother need a lawyer ASAP.