Legal Question in Civil Rights Law in Florida

Cancelled Check

My senior citizen parents were supposed to have received a check as a distribution for their annuity. The company said they mailed it and had a copy of cancelled check. well, it was not cashed by my parents, someone got ahold of it and cashed their distribution. How do my parents get their money, and what rights do they have? The company is supposed to be faxing them a copy of cancelled checks tomorrow. If it was cashed by a bank, is the bank that cashed those checks liable for the monies, since they did not ask for ID? Please help, these are sr. citizens and every nickel counts. Thank you very much


Asked on 10/27/02, 8:51 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Cancelled Check

General banking law imposes liability upon a bank which pays over a forged endorsement. Contact banking officers with proof of the forgery, and see if they take care of it. If not, contact a lawyer in your town for a detailed explanation of your rights in these circumstances.

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Answered on 10/27/02, 9:00 am


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