Legal Question in Banking Law in Virginia
My fiance allowed someone to cash a check on his credit union account. The credit union held the check until it cleared. However after some time, the check came back as fraud and the credit union pressed charges against the other party. The court's disposition is the the other party is liable for reimbursing the bank. The credit union has payment arrangements with the other party however will not release the funds that were already in the account. Can they do this? If so, can we sue the other party for the money even though he is already paying restitution to the bank for the full amount of the check?
1 Answer from Attorneys
Your fiance should talk with the credit union manager or other officer about getting these funds released to him since they were in no way involved with the fraudulent transaction and no liability for this transaction has apparently been assigned to your fiance.
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