My son had a check for 22K stolen. His signature was forged on the endorsement and was endorsed under his name by the thief's mother. She deposited it into her account. The bank that the check was drawn on and deposited in is one and the same. We tried suing the bank and the mother and son. The bank and mother were dismissed from the lawsuit. Since the suit was in court, they refused to let us file a claim for improper endosement and forgery. We notified them initially about 30 days from the time that it was cashed, and it was investigated by the police. What recourse do we have now? Can we still file a claim for improper endorsement?
Your son needs to file a claim against the issuer of the check. He hasn't yet been paid, since he never cashed the check. His claim is for non-payment. That will get the attention of the issuer, who will ask your son to provide an affidavit of forged endorsement. Then the check issuer takes the affidavit and the check to make a claim on the paying bank for paying the check without the proper endorsement, and that claim gets paid by that bank unless it can recover from the thieves. That's the way it's supposed to work. It may take a civil court case to force the issue.
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Your son needs to file a claim against the issuer of the check. He hasn't yet been paid, since he never cashed the check. His claim is for non-payment. That will get the attention of the issuer, who will ask your son to provide an 