Lost a blank check
July 27, 2010 8:36 AM Subscribe
If someone steals a blank personal check from me, and forges my signature to cash it, and for whatever reason it clears my bank -- am I liable for the amount? (No, I don't know the check # and thus can't stop it -- long story.)
Depends on the bank and their policies.
Call the bank. Explain the situation. Explain you don't know the check number. Ask what can be done to stop this check from clearing. You may have to close your bank account and open a new one.
And.. you say you don't know the check number.. have you looked to see what checks you have in your checkbook?
posted by royalsong at 8:42 AM on July 27, 2010
Call the bank. Explain the situation. Explain you don't know the check number. Ask what can be done to stop this check from clearing. You may have to close your bank account and open a new one.
And.. you say you don't know the check number.. have you looked to see what checks you have in your checkbook?
posted by royalsong at 8:42 AM on July 27, 2010
My mother is a customer service agent at a bank, and their policy is that generally, as a courtesy to customers, the bank will refund these amounts, as long as the theft is reported promptly and as long as there is a police report. It's usually straightforward and relatively low-hassle, unless the person who stole the check is related or lives with you, in which case, the bank is more of a stickler of making sure that all the i's have been dotted and all the t's crossed.
posted by joyceanmachine at 8:44 AM on July 27, 2010
posted by joyceanmachine at 8:44 AM on July 27, 2010
uttering.
A good bank will probably refund you the money and pursue restitution from the forger after arrest.
posted by TomMelee at 8:44 AM on July 27, 2010
A good bank will probably refund you the money and pursue restitution from the forger after arrest.
posted by TomMelee at 8:44 AM on July 27, 2010
You are liable for up to $500 if you didn't notify your bank within two days. If you did notify them, you should be good.
Go to the police. Make a report.
Your bank should have a copy of your check and a copy of your signature card (used for signature comparisons). Offer both to the police to prove your check was forged.
Maybe, just maybe, the person responsible will be court-ordered to reimburse you.
posted by From the Fortress at 8:46 AM on July 27, 2010
Go to the police. Make a report.
Your bank should have a copy of your check and a copy of your signature card (used for signature comparisons). Offer both to the police to prove your check was forged.
Maybe, just maybe, the person responsible will be court-ordered to reimburse you.
posted by From the Fortress at 8:46 AM on July 27, 2010
You can probably stop payment on a RANGE of checks (like, for example, if you lost an entire book of checks, you stop the range, not each check). Look into it.
posted by Medieval Maven at 8:46 AM on July 27, 2010 [1 favorite]
posted by Medieval Maven at 8:46 AM on July 27, 2010 [1 favorite]
It's not up to bank policy---- it's an actual Regulation. I just can't remember which one at the moment.
posted by From the Fortress at 8:48 AM on July 27, 2010
posted by From the Fortress at 8:48 AM on July 27, 2010
I would have thought that since the signature would be a forgery, you would not be legally liable for the amount, however, I have also heard of cases of identity theft in which someone was able to take out a mortgage on a house which he did not own, and when he (naturally) failed to make the payments, the bank actually was able to take ownership of the house, just like a real foreclosure. Very strange. It is possible in that kind of situation, when your blank check has been stolen and you think that it may be used to make a fraudulent withdrawal, to close the account and open a new one. Once the account is closed, no checks will clear, forged or otherwise. However, there may be other outstanding checks that you did want to clear, that haven't cleared yet. In that case you could contact the people to whom you have sent those checks and ask them to return them to you for replacement with checks from your new account. It could be a huge bother, but that is the only way to fully protect yourself.
You can also make a complaint to the police about the person who stold your check (if you know who this person is). If you can prove that the signature is forged, there is legal recourse. But it is definitely easier to just close the account.
posted by grizzled at 8:48 AM on July 27, 2010
You can also make a complaint to the police about the person who stold your check (if you know who this person is). If you can prove that the signature is forged, there is legal recourse. But it is definitely easier to just close the account.
posted by grizzled at 8:48 AM on July 27, 2010
In the US, the applicable law is UCC, Article 3. You'll have to dig around in there, or find explanations on the internet, but my recollection is that you are not liable if the bank pays a check based on your forged signature. Of course, it may be a hassle to get to that conclusion and outcome with the bank, but it's not technically "up to them." IAAL, IANYL.
posted by iknowizbirfmark at 8:49 AM on July 27, 2010 [1 favorite]
posted by iknowizbirfmark at 8:49 AM on July 27, 2010 [1 favorite]
Many years ago, someone stole my outgoing mail, washed the checks (except for my signature), and used them for cash and purchases. Even though they cleared the bank (and had my signature!) my bank still refunded all the charges to my account. I did have a police report.
posted by Jacqueline at 8:51 AM on July 27, 2010
posted by Jacqueline at 8:51 AM on July 27, 2010
As someone who works for a bank I can tell you that if the check is cashed then you would need to file a claim with your bank and most likely fill out an affidavit. You would not be responsible for the cashed check or any fees that may be incurred because of it.
posted by cool whhhip at 9:07 AM on July 27, 2010 [1 favorite]
posted by cool whhhip at 9:07 AM on July 27, 2010 [1 favorite]
In my personal experience, yes -- you are liable for the full amount.
Reimbursement of funds is contingent upon apprehending and prosecuting the thief. And, therefore, upon the detectives assigned to the case not being complete lazy assholes.
I say this as somebody who had his signature forged on a check for $1000.00, security video of the perp walking into the bank to cash the check (yep... he did it at MY bank, even), affidavits from myself and bank staff, comparisons of signature... The dude even used his own name and account info to deposit the check. We knew exactly who he was.
Lazy-ass cops.
posted by kaseijin at 9:08 AM on July 27, 2010
Reimbursement of funds is contingent upon apprehending and prosecuting the thief. And, therefore, upon the detectives assigned to the case not being complete lazy assholes.
I say this as somebody who had his signature forged on a check for $1000.00, security video of the perp walking into the bank to cash the check (yep... he did it at MY bank, even), affidavits from myself and bank staff, comparisons of signature... The dude even used his own name and account info to deposit the check. We knew exactly who he was.
Lazy-ass cops.
posted by kaseijin at 9:08 AM on July 27, 2010
You shouldn't be, but there may be a bit of a hassle to sort it out.
When I was in a college I went away for a month on a trip and when I came back I learned that a roommate had forged $1000 worth of my checks. I went down to the bank, but they made me call the fraud department. If I recall correctly, I had to sign various forms and explain what happened to more than one person, but in the end it was fine.
posted by gabrielsamoza at 9:11 AM on July 27, 2010
When I was in a college I went away for a month on a trip and when I came back I learned that a roommate had forged $1000 worth of my checks. I went down to the bank, but they made me call the fraud department. If I recall correctly, I had to sign various forms and explain what happened to more than one person, but in the end it was fine.
posted by gabrielsamoza at 9:11 AM on July 27, 2010
Here's the dirty secret:
Banks do not verify signatures on "routine-amount-type" checks unless someone raises a fuss.
They have made the decision to absorb the cost of forged checks as they believe it is less than the cost of actually verifying signatures at the time of check payment for all checks.
They typically will reimburse customers for forged checks rather quickly once you have a police report and have gone through whatever procedures they have set up with their fraund dept.
So, if you have some "missing" checks and are unable to ascertain what the number range of those checks may be so that you can put a stop payment on them then you are going to have to monitor your account transactions very closely to watch for fradulent checks.
If you see any come across, archive those check images and keep them somewhere outside of your bank's systems (some banks only make check images available for 30 days or less) and dispute them immediately.
Perhaps you should consider closing the account opening a new one with a different account number?
posted by de void at 9:46 AM on July 27, 2010
Banks do not verify signatures on "routine-amount-type" checks unless someone raises a fuss.
They have made the decision to absorb the cost of forged checks as they believe it is less than the cost of actually verifying signatures at the time of check payment for all checks.
They typically will reimburse customers for forged checks rather quickly once you have a police report and have gone through whatever procedures they have set up with their fraund dept.
So, if you have some "missing" checks and are unable to ascertain what the number range of those checks may be so that you can put a stop payment on them then you are going to have to monitor your account transactions very closely to watch for fradulent checks.
If you see any come across, archive those check images and keep them somewhere outside of your bank's systems (some banks only make check images available for 30 days or less) and dispute them immediately.
Perhaps you should consider closing the account opening a new one with a different account number?
posted by de void at 9:46 AM on July 27, 2010
You can stop a whole book of checks, if necessary (a bank suggested this to me once and did it quickly)- but if the check has already cleared, you will need to fill out forms and go through the bank's investigation process before they will refund the money.
posted by Eicats at 9:47 AM on July 27, 2010
posted by Eicats at 9:47 AM on July 27, 2010
This thread is closed to new comments.
posted by two lights above the sea at 8:42 AM on July 27, 2010