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Can I sue the bank-I mean are they at fault?

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Kevjenty

Junior Member
What is the name of your state? TN

I am in the process of going to small claims over a breach of contract on an HVAC install. $3600- took my money and run. Here's where the bank is at fault. I wrote the check to "Buckhead Contrators" for $3600. The bank cashed it, or deposited to his PERSONAL account. He signed the check with his name/Buckhead Contractors- No D.B.A. or anything. I also find out this is his personal account. There is no account named "Buckhead Contractors"

Should they be able to do this- anybody could sign and deposit if this was the case??
Thanks
 


BL

Senior Member
What is the name of your state? TN

I am in the process of going to small claims over a breach of contract on an HVAC install. $3600- took my money and run. Here's where the bank is at fault. I wrote the check to "Buckhead Contrators" for $3600. The bank cashed it, or deposited to his PERSONAL account. He signed the check with his name/Buckhead Contractors- No D.B.A. or anything. I also find out this is his personal account. There is no account named "Buckhead Contractors"

Should they be able to do this- anybody could sign and deposit if this was the case??
Thanks
Sue the contractor .

Contact the BBB and Attorney General's Office of Consumer Affairs .
 

You Are Guilty

Senior Member
Should they be able to do this- anybody could sign and deposit if this was the case??
Short answer, yes.

Slightly longer answer:
http://en.wikipedia.org/wiki/Blank_endorsement

Really long answer:
http://www.law.cornell.edu/ucc/3/3-109.html
http://www.law.cornell.edu/ucc/3/3-204.html
http://www.law.cornell.edu/ucc/3/3-205.html
 

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