Legal Question in Banking Law in California

Fraudulent ck cash against account

There are 2 fraudulent cks made payable to my husband - the imposter pretending to be my husband went into 2 different bank locations and cashed 2 $2500.00 checks against our checking account. On the ck was written the ID# that the imposter presented which was most likely fake, but absolutely did not match my husbands indentification - which can easily be identified as it is on their system. I have reported this to the police. I have also filed a forgery report with the bank. I have been calling partically everyday to followup on the status. Just today I called and my case has not even been assigned to an investigator. I am currently stressed and financially frozen because of this occurrence. I have called the 2 banks and spoke with the managers hoping to expedite the process and all I was told is that I had to go through the forgery dept and wait for the resolution. I called the police to ck om the status of the case - it has not been assigned an investigator yet. Had they taken the extra steps to check and ensure the identity of the indivvidual - all this could habe been avoided. I am very upset because I have to find a way to pay 2 months worth of my biggest debt, mortgage and my utility bills & others. What can I do???


Asked on 2/27/06, 5:21 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Fraudulent ck cash against account

You may yet need a lawyer to sue the banks. In the meantime, DO NOT CALL THEM. ONLY COMMUNICATE WITH THEM USING LETTERS THAT ARE MAILED CERTIFIED MAIL RETURN RECEIPT REQUESTED. Otherwise they will deny you contacted them. Send copies to the Office of the Comptroller of the Currency. Do google searches on "identity theft" or "fraudulent use of checking account" or "forged checks." Good luck. Write back.

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Answered on 2/27/06, 5:35 pm


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