Legal Question in Criminal Law in Pennsylvania
consumer rights under credit fraud
I am trying to determine how a bank depositor in Pennsylvania determines what their legal rights are in a situation when someone has forged checks on their account. What are the rights of the depositor (consumer) and how do they determine if the bank is liable for cashing the forged checks. I just want to know what law or statute I should read.
2 Answers from Attorneys
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I an not a PA lawyer... but I do have 3 of these cases in Indiana right now. Although there may be a statute that deals with the problem, more likely your rights in this matter comes from your contract with the bank. The banks agreement with you is that they would allow payment of a check which has your signature on it as payor, not somebody elses signature, even if it is a very good forgery. They may also be negligent in not checking the signature cards. Most banks will want an affidavit from you stating that the purported signature is not yours and the they should immediately credit your account and take off any service charges which may have occurred becaused of NSF checks because of the unauthorized check. You are required to check your bank statements for these and if you don't they may claim you were negligent. If tthey refuse to credit accout then see a local lawyer.
U.C.C. will cover these areas
The Uniform Commercial Code governs all the aspects that you ask about and it has been adopted in most jurisdictions.Cosult ypou local attorney.Good luck!
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