I have a late return. Checks were deposited in Nov. 2006 and charged back on Feb. 28, 2007. When I spoke with my bank, I got resistance to send them back to the payor bank as a late return. The checks in question are not forged endorsements, but forged signatures.
I know I can get a lawyer to solve this, but why should I have to pay to force the bank to send them bank to the payor bank? Also, I have had counterfeit checks that were charged back to my account two months after deposit. These are still late returns since they are forged signatures and the bank has a responsibility to check the signatures which the did not. Any suggestions?
Although the checks you've described seem to have been returned late, there may be a local clearinghouse rule that requires your bank to accept late returns of forged checks. Your deposit contract may include language making you liable for any such checks you've deposited, notwithstanding the delay in their return. Without a local clearinghouse rule, however, your bank should not have accepted the returns, and should now make a late return claim on the drawee banks.
Keep in mind, however, that not all delays in receipt of returned checks will be caused by late returns. Checks can be delayed in transit, and the returning bank isn't accountable for those delays.
You've apparently been "burned" more than once with forged checks. Try to be more selective about from whom you'll accept checks, and having your bank accept any questionable checks for collection, rather than deposit.
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