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Filing Against Employee Embezzlement

My employee deposited checks payable to the business into her personal bank account. Where should I file my claim to get the money back? I was told different things by different bank officers. Her bank should not have taken her deposits, I was told. How many years back should I or can I file for my loss?


You initiate your claim as a claim of non-payment, against the parties that issued the checks. You'll have to provide them with affidavits that the checks were not endorsed by you, and that you received no benefit from them. They will file claims against their banks, who will file claims against the bank that took the checks for deposit, which ends up holding the bag on the loss unless it can recover from your employee. In most states, such claims have to be made within three years of the date the check was paid.

Published on BankingQuestions.com 2/11/10