If I pre-sign a personal check and then the check is stolen and the amount filled in and cashed, does my bank have some liability to return the funds and prosecute the offender?
If you contacted your bank and placed a stop payment order on the check (or a "watch" if the bank can't process a stop payment for an unknown amount), in time for the bank to act before the check is paid, it may have some liability to you. If, however, the check reaches the bank and is paid before you place a stop payment, the bank will be very likely to refuse to accept any liability for your failure to safeguard the check. In today's check processing environment, most checks are not reviewed visually, so detection of the thief's handwriting in completing the check would be unlikely.
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If you contacted your bank and placed a stop payment order on the check (or a "watch" if the bank can't process a stop payment for an unknown amount), in time for the bank to act before the check is paid, it may have some liability to you. If, however, the check reaches the bank and is paid before you place a stop payment, the bank will be very likely to refuse to accept any liability for your failure to safeguard the check. In today's check processing environment, most checks are not reviewed visually, so detection of the thief's handwriting in completing the check would be unlikely.
