Legal Question in Business Law in Arizona

Perhaps this is a question of proof, and now damages.

Can you locate & identify the clerk (and supervisor) who gave you some 10-day nonsense? If so, can you get them to acknowledge to you that they remember saying that? Don't start off by telling them that they were wrong or you won't get what you need. Next, try to get them to put in writing (or, rather, sign what you write) that you'd come in shortly after 10 days and they told you it was too late.

The 60-day rule, as you must now know, is the correct one, and the only one that makes sense, under most states' version of the Uniform Commercial Code and it may also be in the Federal banking laws for federally chartered banks and perhaps elsewhere as well. The 10-day rule of course makes no sense. The 60-day rule starts a clock when you receive your statement, I believe; you really must review your statements timely or you lose your rights vis-a-vis the bank (but NOT the payee!)

That reminds me, the payee is still liable for the money stolen from you, probably for a couple years or so.

Last comment: I'm not sure what you'd gain by gathering the 10-day-rule proof I suggested. Do you merely want your $90 or so back, or do you instead want damages for your trouble? There, I certainly cannot advise you; I don't know how much you can expect to collect under your state's law if you were to win on such a point. I'm not qualified to practice law in your state and haven't really a clue what the laws of your state may be. In MY state, Massachusetts, one may be able to triple the damages (which could include all the bother you've been through, say, at low hourly rates for actual time productively spent chasing this down and reacting to it) ... PLUS attorney's fees (often the real kick in the butt) under our state's variety of a consumer protection law.

Good luck.

Tell me, for my curiosity, who was the payee? Is that party not approachable? If it was a forged check (not requiring a forged signature to be a forged check), someone is criminally responsible and you have evidence to show. Let me know the answer about this, please because I'm curious.

Bank should have to pay

The check collection process is controlled in part by the Uniform Commerce Code(UCC) which has been enacted, in part, in every state. Under the UCC, article 3-401,you are not liable for a check unless your signature appears on it. There areequivalents for signatures such as agents and ratification. However, inMassachusetts, there is a two year statute of limitations on claims of this nature. Thelaw of your state may be different but it is still controlled by the UCC.