Questions relating to check fraud.

[David1961]

I’m a recent victim of check fraud. Someone forged my signature on a check and was able to cash it at the bank. In talking with the bank, they have said they need to investigate it and will normally give me provisional credit within 5 working days. Has anyone had this unfortunate experience? Is that time-frame about right? Why does it take that long?

 

[easysurfer]

I’m a recent victim of check fraud. Someone forged my signature on a check and was able to cash it at the bank. In talking with the bank, they have said they need to investigate it and will normally give me provisional credit within 5 working days. Has anyone had this unfortunate experience? Is that time-frame about right? Why does it take that long?

Sorry to hear about your situation. It sounds like a real PITA to be a victim that way. I haven't had that experience with check fraud (though someone somehow tried to buy stuff with my credit card number before -- flagged, thankfully by my cc company).

I'm curious, did someone actually get a hand on your physical check, or did they find access by some other means?

Hope it all works out okay in the end.

 

[MichaelB]

Sorry about that. Some banks are better than other when it comes to dealing with fraud, but it is incumbent on you to make sure the right steps are taken. That includes an affidavit now. A police report may give your claim greater legitimacy as viewed by the bank. See here

National banks are generally required to reimburse customers for forged checks. However, based on individual circumstances, the bank can investigate to determine if the customer is entitled to a reimbursement.
Whether the bank is liable for the customer's loss depends on the specific circumstances of the case. Generally, a bank is liable for accepting a check that has been forged, altered, or improperly endorsed. However, if the bank can prove two things—that it accepted the check in good faith and exercised ordinary care and diligence in handling the transaction—it may not be liable.
If your actions—the way the check or checkbook was handled, issued, completed, or made payable—contributed to the making of the forgery, you may be at least partially liable. Generally, the bank will require you to complete an affidavit. It may also request that you file a police report.

 

[Walt34]

I’m a recent victim of check fraud. Someone forged my signature on a check and was able to cash it at the bank. In talking with the bank, they have said they need to investigate it and will normally give me provisional credit within 5 working days. Has anyone had this unfortunate experience? Is that time-frame about right? Why does it take that long?

Sure, I used to do forged check investigations all the time (retired law enforcement).

Five days to investigate is not out of the ordinary.

What happens is they first pull the signature card that you filled out when you opened the account and simply visually compare signatures. Next, someone in their security/loss prevention office (normally terribly understaffed and overworked since it does nothing to add to the profitability of the bank) has to sit down with the video of the actual transaction - if there is any video - and see if that is you or anyone someone in the local branch may recognize.

They may ask you to view the photos/video of the transaction and see if you recognize the person conducting the transaction. You'd be astonished at how often some family member forges a relative's check when they get their grubby little mitts on one. Here's where some people run into a dilemma: If that is the case the account holder completes an "affidavit of forgery" or similar title which is simply a written statement from the account holder that the transaction was not authorized by them. Without that document the bank cannot proceed in criminal prosecution of the offender.

That means Mom may have to decide whether to send junior up the river for taking money from her to feed his crack habit. For some it's a tough decision.

Bottom line: It is almost certain that you will get your money back unless the bank can prove some type of collusion on your part with the forger. I only saw that happen once.

 

[Buckeye]

Do you know the history of the specific check? Was it stolen out of your mailbox as you were mailing a payment?

 

[Texas Proud]

Sure, I used to do forged check investigations all the time (retired law enforcement).

Five days to investigate is not out of the ordinary.

What happens is they first pull the signature card that you filled out when you opened the account and simply visually compare signatures. Next, someone in their security/loss prevention office (normally terribly understaffed and overworked since it does nothing to add to the profitability of the bank) has to sit down with the video of the actual transaction - if there is any video - and see if that is you or anyone someone in the local branch may recognize.

They may ask you to view the photos/video of the transaction and see if you recognize the person conducting the transaction. You'd be astonished at how often some family member forges a relative's check when they get their grubby little mitts on one. Here's where some people run into a dilemma: If that is the case the account holder completes an "affidavit of forgery" or similar title which is simply a written statement from the account holder that the transaction was not authorized by them. Without that document the bank cannot proceed in criminal prosecution of the offender.

That means Mom may have to decide whether to send junior up the river for taking money from her to feed his crack habit. For some it's a tough decision.

Bottom line: It is almost certain that you will get your money back unless the bank can prove some type of collusion on your part with the forger. I only saw that happen once.

Very good information.... and I know people who had a number of these...

One coworker had money taken from an ATM... came to find out it was her teenage son... she did not get back the money....

Another coworker had a large check cashed, but got a call about it... it did take a few days to handle.

I received a call from Telecheck saying my check bounced... I asked about it so I could call my bank and get the process started... come to find out that they forged checks on a non-existing account at a different bank!!! I did have to do the police report to handle it. I have since received another notice from them about another check written at the same time.... I tried to get in touch with someone at Telecheck, but it was SO hard to actually get to a person that I just gave up... they just want you to pay and not bother people...

Some banks will want you to change accounts if they feel like there is a potential longer term problem... that is what happened to my sister when her DH lost their checkbook...