What is the name of your state (only U.S. law)? NY
Apologies if I have the wrong forum category (feel free to move to appropriate one)
I did some independent consulting (C2C) work for a client, and was issued two checks.
The second one, I received, cashed, all good.
The first one was a problem. After not receiving it for some time, I contacted AP of the client, and they after looking into it told me to fill out a form/affidavit, so they can stop the check, and re-issue it.
After that, the AP person comes back and says it was to my shock and bewilderment "CASHED". They sent me a copy of both checks. The good one, clearly my signature, the other "bad" one some sort of scribble mark on the endorsement.
The other IMPORTANT thing to note, is that they sent this "BAD" check in question to the WRONG ADDRESS, as indicated on the check itself.
After many months of filling out notarized affidavits, I finally get the Senior Controller to reply to me, that "The bank of first deposit has not yet responded, and were told it could take several more months to complete investigation, and then decide if it will approve the funds. Therefore, the client's bank is at the mercy of the BOFD.
Now, as a side note, there is not even a shred of bad blood between the client and myself - we have a good working relationship, and they are certain I DID NOT CASH THE CHECK.
However, I am out of several thousand dollars during this "investigation period", and the client clearly sent it to the wrong address.
So, don't you all think that the burden should be on the client, and do the right thing and issue me the funds in good faith?? It's basically THEIR fault.
The reason I'm asking, is because, as a least desired option, and feel my patience is running out, and may decide to sue the client. Now of course, can I win in court under these circumstances, and probably will be the last engagement with this client if I do that. I don't know what to do and seems not fair.
In addition, this plot takes a twist, I may know who the people are whose address it was sent to, but don't want to go knocking on doors with accusations. Afterall, this is a CRIME! Should I offer this info to the bank/client? No one is asking for this.
Thoughts? Thx! Help!
Apologies if I have the wrong forum category (feel free to move to appropriate one)
I did some independent consulting (C2C) work for a client, and was issued two checks.
The second one, I received, cashed, all good.
The first one was a problem. After not receiving it for some time, I contacted AP of the client, and they after looking into it told me to fill out a form/affidavit, so they can stop the check, and re-issue it.
After that, the AP person comes back and says it was to my shock and bewilderment "CASHED". They sent me a copy of both checks. The good one, clearly my signature, the other "bad" one some sort of scribble mark on the endorsement.
The other IMPORTANT thing to note, is that they sent this "BAD" check in question to the WRONG ADDRESS, as indicated on the check itself.
After many months of filling out notarized affidavits, I finally get the Senior Controller to reply to me, that "The bank of first deposit has not yet responded, and were told it could take several more months to complete investigation, and then decide if it will approve the funds. Therefore, the client's bank is at the mercy of the BOFD.
Now, as a side note, there is not even a shred of bad blood between the client and myself - we have a good working relationship, and they are certain I DID NOT CASH THE CHECK.
However, I am out of several thousand dollars during this "investigation period", and the client clearly sent it to the wrong address.
So, don't you all think that the burden should be on the client, and do the right thing and issue me the funds in good faith?? It's basically THEIR fault.
The reason I'm asking, is because, as a least desired option, and feel my patience is running out, and may decide to sue the client. Now of course, can I win in court under these circumstances, and probably will be the last engagement with this client if I do that. I don't know what to do and seems not fair.
In addition, this plot takes a twist, I may know who the people are whose address it was sent to, but don't want to go knocking on doors with accusations. Afterall, this is a CRIME! Should I offer this info to the bank/client? No one is asking for this.
Thoughts? Thx! Help!
