Legal Question in Criminal Law in Florida

Re: Can we file a civil claim?

Bradford gave you an excellent run down of the law. I would only add one thing: You can sue anyone for anything.

For example, I can sue Satan for causing world misery and demand 100 trillion dollars in damages.

Satan's lawyers, tricky lawyers that they are, probably will not answer my complaint. Therefore, I can then seek a default judgment, and if a judge is in a particularly jovial mood, may actually get an order signed requiring Satan to pay up.

Am I going to collect? Not really - Satan hides assets very well.

So can you sue? Yes. Do you have a case a lawyer is willing to take on? I don't know. The bank, fearing they may become a target of you lawsuit, is going to tell you that 'you can't sue.' Bradford's suggestion is right on the mark when he recommends you talk to an attorney.

Re: Can we file a civil claim?

This is actually a civil question. As I have worked in banking law and white collar crimes, I will explain to you what the bank meant by saying you are not the victim/claimant. Essentially, if a check is stolen from you, but you are made whole, you are not the one who lost the money, the bank, the employer, or the "check store" is actually the party who is out the money. As such you would not have standing to sue that entity. If you lost other monies in regard to bounced checks etc. you may try to recover those fees from the actual defendant if he gets caught.

I would consult a civil lawyer if you have any questions regarding the matter.

good luck

Bradford