I received a car insurance check written out to my husband and our financing company and it was stolen. I reported it to the car insurance company and they placed a stop payment on it. The person that stole it, later had cashed it in a check cashing place, although it had a stop payment on it. The car insurance company then came after us to recover the money, since they had reissued another check directly to the financing company. Can we sue the check cashing place for cashing a check that had a stop payment and for not verifying any ID for a check almost $3,000?
It will be up to the insurance company and you to work together to go after the check cashers. Your husband will have to provide an affidavit that the endorsement on the check (allegedly your husband's signature) was a forgery and that he never received any benefit from the check. Then the insurance company works through its bank to file a claim for reimbursement, which ultimately works its way back to the check cashing company. If your husband already paid the insurance company when it came after him on the cashed check, he should get his money back. You may need legal counsel to get all of this accomplished.
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