My wife, from whom I am separated, obtained a check that was made out in both our names. She took it to our local bank, signed her name only on the back it, and cashed it against an account that was in her name only.
I obtained a copy (front and back) of the endorsed check, and advised my bank that it was improperly endorsed and asked them to reclaim or get the money back. They said they were sorry for the teller's mistake, but they could do nothing about getting the money back. They told me to contact the bank who issued the check, and ask them to reclaim the amount.
That bank sent me forms to process a request for forgery, which requires filing a police report. I think my local bank, which accepted and cashed the check, should have handled the matter of getting the check back. Please advise me what my rights are as a New York banking customer.
Actually, you are taking the correct route, if that check was actually payable to you and your wife jointly (names connected with the word "and" or an ampersand). Your claim is for non-payment, against the party that issued the check. That claim works its way back through the system, and ultimately lands with the bank that accepted the check for deposit, which will take the matter up with your wife. The police report is not a legal requirement, but you may not be able to get any movement from the issuing bank without it. The only other route would have been for you to approach your wife directly to amicably arrange for her to pay you what's due you, but that may not have been a viable approach for you.
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Actually, you are taking the correct route, if that check was actually payable to you and your wife jointly (names connected with the word "and" or an ampersand). Your claim is for non-payment, against the party that issued the check. That claim works its way back through the system, and ultimately lands with the bank that accepted the check for 