Forged Check, From $16 to $1600

[eric&kylie]

I am wanting to know what proper actions I need to take to resolve this problem. My wife had bought some christmas gifts from a lady at work that was selling it for her grandson. The check was made out to the mother (not grandmother). It was for $16 and when it posted it was for $1600. The bank says if it is a forgery it is a pretty darn good one. What can I do? In regards to the bank and the rotten lady that did this. If it is found to be forged will the bank be responsible? I am afraid this will take time and meanwhile I am out $1600 plus interest.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

No, if you dispute the claim, the bank is supposed to freeze that amount.

Did your wife make a check out without a duplicate? Did she get a receipt? Does she have the items she purchased?

Your best bet is to get a lawyer to bring a lawsuit against this person. All thos people involved will have to submit writing samples so it can be proven who the culprit is. Good news is you will get back a whole lot more than 1600 if indeed it is found to be a forgery.

Might want to alert the DA as well, to bring criminal charges.

 

[JETX]

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!