Bank Paying on a check copy!

In Sept. my wife wrote a check(# 7517) to a local grocery store. They deposited it in their bank. It was was presented to and paid by my bank and returned to me in my Oct. statement. Then in my Nov. statement there was a "small" copy of this same check(# 7517) and a note stating that this check was presented for payment because it was lost in transit. Is it legal for a bank to pay on a copy of this check? Do I have any legal recourse, can I sue either of the banks? I live and bank in Chesapeake, VA.
bartor

bartor said:

In Sept. my wife wrote a check(# 7517) to a local grocery store. They deposited it in their bank. It was was presented to and paid by my bank and returned to me in my Oct. statement. Then in my Nov. statement there was a "small" copy of this same check(# 7517) and a note stating that this check was presented for payment because it was lost in transit. Is it legal for a bank to pay on a copy of this check? Do I have any legal recourse, can I sue either of the banks? I live and bank in Chesapeake, VA.
bartor

Click to expand...

My response:

There is no particular form of check required. A check can be written on a napkin - - as long as all pertinent information is there on the "napkin check", a bank can and will accept it for passage through the Federal Reserve.

But, what you didn't mention was whether a single or double amount was debited from your account. If double, on the same check number, the bank can be held liable.

IAAL

Sorry about the omission, there was a double amount that was debited from my account. Is the bank liable for just the amount debited from my account or can they be made to pay some punitive amount? I think it is very serious when a bank pays on a copy of a check without checking to see if the original and even another "copy" of that same check has been paid out of my account.

bartor

Chalk it up as human error. The bank is liable for the face amount of the check plus accrued interest. Go git your money back partner.