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Check stolen, forged, cashed; Bank won't reimburse me

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Kevin M

Junior Member
What is the name of your state (only U.S. law)? TX

I had a check stolen from my home. It was filled pay to the order of someone I know. He wrote an amount of $579. Forged my signature. Then deposited at his bank.

I filed a case with the Austin police department. I notified my bank and petitioned for them to refund my account the money. They denied me citing that I did not use ordinary care in securing my checkbook. I found out later they denied me because when I was with a different bank this happened a few years before. I think they think Im in on the fraud or something... Im trying my best to pursue a criminal case but it just isnt big enough or important enough for the police to care about. The detective told me, "at least it was only one check"!

I have a copy of the check he cashed. I have a copy of my signature on file with the bank. I can find out what bank he cashed it with. I can also show the court what he used the cash for ($579 was monthly rent amount at an apartment complex he was staying at).

So who can I sue in small claims court? My bank, his bank or himself? I dont see a case being brought against his bank, just my bank and him for doing the crime. He has no assets or anything. The bank should pay me correct? I just dont want to file a small claim and be told by the judge Im suing the wrong entity. Please help!
 



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