I paid a provider by check and the provider claims he never received it, and has never used the bank that is endorsed on the back. I contacted the bank that endorsed the check and they stated that they can't do anything without an affidavit. How should I go about recovering the funds? What forms should I use?
Your bank should be able to provide you with an affidavit that's appropriate for these circumstances. It will have to be completed by the payee of the check(s) and returned to you.
You should take the affidavit and the canceled check to your bank and ask to be reimbursed for the wrongful payment. Endorsement claims have a three-year life in most states, so don't let the bank put you off with an argument that you had to contact the bank earlier. Your bank will then file a claim on the fraudulent endorsements with the bank that accepted the checks for deposit, which should reimburse your bank regardless of whether it can recover from its depositor.
Ultimately, you should receive credit for the check. In the meantime, you still owe the original payee, which may or may not be willing to wait for the process to play out.
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Your bank should be able to provide you with an affidavit that's appropriate for these circumstances. It will have to be completed by the 