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gcbbetty
Guest
Problem in Florida:
After relocating to a new area in Central Florida, I continued to do my banking with my old bank (Wachovia) in South Florida whom I had a very good relationship with - all deposits were sent to them via the postal service. In January, Wachovia had mail that was delivered to them stolen and the person who stole the checks promptly deposited them into their Marketplace Bank account via an ATM WITHOUT further endorsement on the checks. The checks were written to my company and the endorsement on the back said, "For Deposit Only to Acct ####" with my Wachovia account number. Marketplace bank accepted the checks as a deposit into their customer's account. To date, I am still having a problem getting my money back. Who is responsible and what can I do as an "innocent bystander"? The postal service is only investigating the mail theft, the police department is too bogged down to investigate the presentment of funds (forgery), and Marketplace Bank is requiring a lot of paperwork and notarized statements as well as an indemnification certificate. I'm being required to pay for notarization on 3 different statements, long distance phone calls, not to mention the time, the loss of interest on this deposit, etc. What can Marketplace Bank be held liable for? They have been in contact with Wachovia bank and could have transferred this money into my account (which was clearly on the back of the check) over a month ago, but they have continued to drag their feet and every week another piece of paper is required. Aren't they legally liable for accepting a check with the endorsement for deposit only on the back? I'm at my wits end...any advice would be much appreciated. Terrible thing that some one can and will get away with this.
After relocating to a new area in Central Florida, I continued to do my banking with my old bank (Wachovia) in South Florida whom I had a very good relationship with - all deposits were sent to them via the postal service. In January, Wachovia had mail that was delivered to them stolen and the person who stole the checks promptly deposited them into their Marketplace Bank account via an ATM WITHOUT further endorsement on the checks. The checks were written to my company and the endorsement on the back said, "For Deposit Only to Acct ####" with my Wachovia account number. Marketplace bank accepted the checks as a deposit into their customer's account. To date, I am still having a problem getting my money back. Who is responsible and what can I do as an "innocent bystander"? The postal service is only investigating the mail theft, the police department is too bogged down to investigate the presentment of funds (forgery), and Marketplace Bank is requiring a lot of paperwork and notarized statements as well as an indemnification certificate. I'm being required to pay for notarization on 3 different statements, long distance phone calls, not to mention the time, the loss of interest on this deposit, etc. What can Marketplace Bank be held liable for? They have been in contact with Wachovia bank and could have transferred this money into my account (which was clearly on the back of the check) over a month ago, but they have continued to drag their feet and every week another piece of paper is required. Aren't they legally liable for accepting a check with the endorsement for deposit only on the back? I'm at my wits end...any advice would be much appreciated. Terrible thing that some one can and will get away with this.