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Home >> Checks/Money Orders >> Checks You Wrote
Checks Stolen But Bank Took Money Anyhow
I had a large amount of checks stolen. When I found out about it I went to the bank, signed an affidavit, and was given my money back. The account was closed and I opened up another one. I called some of the businesses where the checks were written, to let them know what was going on. One of the businesses sent the checks back through and the bank went ahead and took money out of my other account and sent them money for the checks. This doesn't seem right to me. Can you help me?
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 What is unclear in your question is whether the business that redeposited your check was entitled to the funds. Was the check the business held a legitimate check signed by you, or was it one of the stolen and forged checks? If it was a check you wrote, did you replace that check with one from your new account, in which case the merchant would have been paid twice?
If the check was one that you wrote and you hadn't replaced it with a check from your new account, you don't have a complaint. After all, you owed the business the money. However, unless you had given the bank permission to post legitimate checks against the new account, the bank should have refused payment and returned the check "account closed."
If you have any other legitimate checks that were bounced and might be re-presented, make sure you make it crystal clear to the bank that you want them returned unpaid, if that's what you want, and get the bank's agreement to do so in writing, but understand that you may have to reimburse individuals and businesses who might end up with checks that you wrote from the old account, unpaid.
Published on BankingQuestions.com 1/08/09
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