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Home >> Scams/Fraud
Suspected Fraud: What to do?
If I only know a sole proprietor's company name, not the owner, and the company is not published in the phone book or directory assistance, but the owner is listed and running this business from his home, is a bank allowed to give me this persons name, since it is public? I suspect this company/owner has set up an account with our name and is stealing checks that are ours.
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 The bank is not permitted to give out any information on its customers to third parties such as yourself, unless it receives permission from its customer or is legally compelled to do so, as might be the case if you started some sort of legal action against this individual. If you believe that checks payable to you are being diverted to this individual's account, you should contact the persons sending you those checks, because they aren't paying you; they are paying this alleged thief. You can ask to review your endorsement on the checks payable to you to see if you can determine that you didn't endorse or deposit them, and into which bank they are being deposited.
Then you can complete affidavits (one for each check) stating that you neither endorsed nor received the benefit of each check, and ask the remitter to pay you what is owed. The remitter then files a claim with his/her/its bank, and that starts a chain of claims back to the depositary bank where the check was deposited, and, perhaps, to the alleged thief. There is no stated time period for completion of the claims, but you should get your funds from the party that originally issued the checks in question.
Published on BankingQuestions.com 4/13/09
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