Check Problem Possible Forgery?

[alligatorob]

Florida

I sent a check to the wrong address (Emily Y), but it was made out to Edie X the right person. It appears as though the person who got the check by mistake cashed it. The check was clearly made out to Edie X only the address was wrong. Emily Y's name did not appear on the check at all, but her address did.

What recourse do I have, does the bank have some responsibility for cashing Edie X's check and giving the money to Emily Y? Is Emily Y guilty of forgery? If so should I report it?

The amount was $400 and there is no chance Emily and Edie know each other so I know the wrong person got the money. I am paying Edie X another $400, as she was blameless; it was my mistake that started this.

 

[Elliotg]

How did the bank cash the check? The bank is responsible for the loss. Additionally, unless the person who cashed the check had the same name as the named payee, that individual is also liable. You will have no case against the bank if the person who cashed the check had the same name as the named payee.

You should report this matter to the police.

Send a letter by certified return receipt mail to the bank that cashed the check. Enclose a copy of both sides of the negotiated check. Tell the bank that they wrongly negotiated the check. Advise them they are obligated to make good your loss. Demand that they refund the amount within thirty (30) days.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

 

[wtd]

I sent a check to the wrong address (Emily Y), but it was made out to Edie X the right person. It appears as though the person who got the check by mistake cashed it. The check was clearly made out to Edie X only the address was wrong. Emily Y's name did not appear on the check at all, but her address did.

What recourse do I have, does the bank have some responsibility for cashing Edie X's check and giving the money to Emily Y? Is Emily Y guilty of forgery? If so should I report it?

The amount was $400 and there is no chance Emily and Edie know each other so I know the wrong person got the money. I am paying Edie X another $400, as she was blameless; it was my mistake that started this

Have you contacted the person who received the check in error, advised her of the mistake and asked for the money back? There's no mention of that in your post and as well you state that it 'appears' that the person who received the check in error cashed it. You don't seem to be particularly certain that this is the case.
Possibly a phone call to Emily X is more in order than legal questions, no?

wtd
not a lawyer, so no legal advice - just a thought

 

[alligatorob]

Check Problem Possible Forgery

I appreciate the advice from both of you. I have contacted Emily X the person who received the check in error. She claims never to have seen the check and not to have cashed it. I contacted the bank and they are in the process of making me a copy so I can determine for sure who cashed it.

I am suspicious of Emily X because I also sent her a check made out to her 2 days earlier that she did cash. I suspect she got both checks hers and the other and simply cashed both. I will know more when the bank finds the canceled check.

 

[Kelly143]

Banks these days also require an account number or drivers license number on checks, just for this reason. The bank that the check was cashed or deposited at will have their bank name and branch number stamped on the back. If the right person DID cash the check, you'll have even further proof. If not and the signature was forged, there will still be an account number or DL number you can trace. If the wrong person cashed it, submit a copy of the check to the banks Corporate Security Department. They LOVE catching people that try to forge things.