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Check Cashed Fraudulently

I wrote a check to a friend who lives in another state and sent it to him through the mail. He called a month after I sent it and told me that he never received it, but my bank shows that it was cashed. The check was for a little over $100, and my bank says that they can't prove that the check was cashed fraudulently, so they can't refund my money. Is this true? Is there anything that I can do to recover the funds from the check? How should I go about resolving this issue?


You can start by sending your friend a copy of the front and back of the check, along with a form your bank should be able to supply for an "Affidavit of Forged Endorsement". Your friend, the payee, should take the check copy and the affidavit to a notary public and complete the affidavit there, then send the affidavit back to you. You can use the affidavit to document a claim against your bank for paying a check that was not properly payable.

Your bank then uses the affidavit to recover the payment from the bank that took the check for deposit, which will attempt to recover it from whoever cashed or deposited the check there. You should receive credit for the full amount.

Published on BankingQuestions.com 4/02/08