I received a check made payable to me and someone else forged my endorsement and cashed the check at their bank. Isn't the bank responsible for ensuring that I actually endorsed the check? Shouldn't they return my money and collect the funds from their customer? What can I do to retrieve the funds?
Yes, the bank in this case will be held accountable, if you pursue matters appropriately. Start by contacting the party that issued the check to you. Inform them that the check was stolen from you and your endorsement was forged, and ask them to help you recover your money.
The issuer of the check should provide you a form for an affidavit (it may come from the issuer's bank). You'll have to complete the affidavit in front of a Notary Public and return it to the issuer. The issuer then requests a refund from its bank, and that bank obtains a refund from the bank that accepted the check for cashing or deposit.
The bank that ultimately loses should be the depositary bank, and it may be able to recover from its depositor or the person who cashed the check. That could require that the bank pursue criminal charges against the forger.
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