I got a certified check from my bank to pay for a service, and mailed it to the rightful person. That person then claimed to have never received it, but when I called the bank, they said the check has been cashed. I believe that the check has fallen into fraudulent hands. Who is responsible? I still need to pay my bill. How could the bank allow someone other than the payee to cash this check? How do I get my money back and be able to make my payment before collection is filed for this outstanding balance?
You can start by asking the person to whom the check was payable to examine a copy of it, front and back, which you can obtain from the bank. If the payee still says that he did not receive, endorse or deposit the check, he should provide you an affidavit to that effect. That affidavit will become the basis of your claim to your bank that it improperly paid the check, and the basis of your bank's claim upon the bank that cashed it or took it for deposit. All of those steps are designed to put the loss with the party that dealt with the person who forged the endorsement. If you actively pursue those steps, you should have a strong argument to postpone any collection effort against you while your claim for reimbursement is pending.
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You can start by asking the person to whom the check was payable to examine a copy of it, front and back, which you can obtain from the bank. If the payee still says that he did not receive, 