accused of cashing a fraudulant check

[cdkelley]

What is the name of your state (only U.S. law)? California
My friend has an old bank account which only had $5.00 in it at a local bank.It's been like that for several years.
She recieved a statement along with a letter saying it was $8000.00 overdrawn.The letter claimed that she had come in & cashed a fraudulent check for the $8000.00 & they wanted their money.
She went down to the bank & raised cain because she in no-way had done this & wanted to know how they would of cashed a check for $8000. on an account that hadn't been used in years & only had an $5.oo balance.She also wanted to know what was on the security cams as she hadn't been to the bank in years.
Well,after a few weeks of back & forth arguing with the bank,the bank now wants her to come sign affidavids that it wasn't her & also told her that she will probably be summoned to court.The bank reprisentative told her that it was an inside job by a teller who had the person cashing the check using her info.
They were going to have her sign affidavids about her innocence but when she asked for copies(she didn't sign anything yet)they claimed their copy machine was down so to come back a few days later.
I advised her to get a lawyer & not sign anything.She also had the bank person check on the computer about the account(s) that she used to have to make sure no activity had been happening since she knew she had closed all but the one.
He claimed to have checked & that ALL accounts were closed.
She got home later that day to a bank statement claiming that she had $8000.00 in it!
What kind of lawyer should she look into getting? I advised her that she should do nothing until speaking to one on her behalf. It seems that she's being set up for something.Does anyone know what she should do?
Thank you very much for any advice,
Cathy

 

[CraigFL]

Spend the money on a lawyer if you want but I would talk to the president of the bank and no one else, first...

 

[Antigone*]

Craig is correct no lawyer is needed. She needs to cooperate with the bank. The affadavit they are asking her to sign is common practice when a check fraud claim is being initiated.

She should, however, obtain a copy of the item that was deposited and the withdrawal as well.

 

[las365]

She isn't being set up. As stated, she should cooperate with the bank, sign an affidavit that contains statements that are within her personal knowledge (not what people have told her, what she actually knows, i.e. that she did not cash a check for $8,000) and get a copy of it, and be ready to testify truthfully if necessary.

She should ignore the bank statement that indicated there is $8,000 in her account. That is obviously an error that occurred when the bank was correcting the balance.

 

[CdwJava]

If she refuses to sign the affidavit of forgery, she may be held responsible for any losses suffered by the bank from that account ... then she will have to spend a lot of money on attorneys.

- Carl