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  Home >> Checks/Money Orders >> Checks You Received  
Recovering Money from Check Mixup

I was supposed to receive a settlement check, but it was delivered to an old address. The problem is that this happened in 2007, and someone else cashed the check. I am still waiting for a copy of the cancelled check. Can I recover my money?


There is a possibility that you can get your funds. Once you have a copy of the paid check, examine the endorsement. You should see plainly that you didn't sign your name. Then inform the drawer of the check that you never received it and didn't endorse it, and that you are demanding to be paid. Be prepared to provide the drawer of the check with an affidavit that the endorsement was forged and that you received no benefit from the check.

That should trigger a claim by the drawer of the check on its bank, which will trigger a claim by that bank upon the bank that accepted the check for deposit. That bank, or its customer, is accountable to the paying bank based on its transfer warranties and endorsement warranties. Those warranties are valid for only three years, so do not waste any time getting your claim filed with the party that owes you the money.

Published on BankingQuestions.com 1/08/09