Check Fraud

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jeangabriel

New Member
New York.

Hi guys, Please help.

I have a small company and one of my clients had to pay me and she was supposed to send me a check through mail. I never received that check and when I inquired about the payment, she said she has already mailed me the check and she emailed me a copy of it. Later it was found that somebody had the same check cashed from a bank in another State. Now I don't know what to do. My Client says she is not legally responsible to pursue the case and that she has already sent me the check so she does not have to pay me again.

Please tell me what needs to be done and who is legally responsible to pursue this case and how. And will the payment be considered made in the eye of the law or she still has to pay me?

Thanks.

Regards,


Jean
 
he bad news is, who is at fault depends on how the check was written. The good news is in this case it wouldn't be yours at all. Checks can be written in 2 different ways depending on the endorsement according to the UCC (uniform commercial code (the code all banks live and swear by)) if the endorsement is a blank endorsement then the note is considered bearer paper meaning whom ever bears the note has the legal right to cash it, now if this is so it is the fault of the lady who sent you the check to give you your money. If however if was endorsed properly then the check only available to whom ever the endorse is and is called order paper meaning whom ever the endorsed is can give the order for the note to be cashed and if this is the case it is the banks fault and she must send you the payment again and recover her losses from the bank who wrongfully cashed your check. if she refuses then take her to small clams-you can pick up the form at your local county court house.
 
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