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Home >> Scams/Fraud
Name Forged, Check Cashed: Getting Runaround
I had an employee expense reimbursement check stolen out of my mailbox. It was cashed at a nearby market, processed through the market's bank and my employer's bank. I have filed a police report of the crime. It is being investigated. How do I get these stolen funds back? I keep getting a runaround from the detective, my employer, and the banks. I am taking all the paperwork to the market to speak to the manager regarding this issue. My name was forged and the market's manager approved the cashing of this check.
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 The only party you have any legal clout with is your employer. If you give your employer an affidavit that describes the check (date, amount, check number, payee, bank on which it's drawn) and states that you did not receive or endorse the check, and that the endorsement on the check is fraudulent, your employer will be on notice that you are owed a replacement. Your employer can take the affidavit to its bank to request a refund, and that bank can use the affidavit to support a claim against the bank that took the check for deposit (the market's bank), which will in turn result in a charge to the market. All of these steps places the loss on the market, which was in the best position to prevent the fraud because it dealt directly with the forger/thief. Then the market will have to decide whether to pursue the thief to recover its money.
Somewhere in that sequence of events, your employer should provide you a new check. Arrange to receive that check in person, or via direct deposit to your bank account, if your mailbox is vulnerable.
Published on BankingQuestions.com 11/18/10
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