First thing you need to do is to notify the bank IN WRITING about your claim. Send it certified. Include a copy of the check (do NOT give them the original!). They have a fiduciary responsibility to protect your money and they violated it by making payment on a fraudulent instrument (the check). You need to look closely at the check. The banks statement that it is a 'good' fraud is ridiculous. Does it appear to be altered?? Do both the number and text portion match?? Does the writing in the text portion match the handwriting elsewhere??
The bank will try their hardest to side-step this issue, do NOT let them. It is their problem, not yours!! Demand that they return YOUR funds to your account until they complete THEIR investigation. They will ask you to sign an affidavit for the check incident, do it.
Do not forget, keep putting pressure on the bank. And don't forget to mention you are considering taking legal action against THEM and also filing a notice with your states banking commission. Do NOT let them pass this to you.
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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!