THOMAS J GONZALEZ
New Member
- Jurisdiction
- California
I never received a 2021 federal government-issued stimulus check that I qualified for. In late 2022 I requested, under penalty of perjury, a trace on the check with the IRS. The IRS determined that "payment" was "approved" by a financial institution. The IRS also provided me with a photocopy of the check and a photocopy of my signature. The signature was not photocopied from the signature line as would normally be found on the back side of a check. The IRS did not indicate from where it had photocopied the signature. The IRS refused to issue a replacement check because my signature proved that I signed the check. It did not present any other documentation and the IRS "closed" the file on this matter.
Later, based on the information on the letter from the IRS, I determined that a well-known bank had cashed the check. I went to that bank to ask for the money since I knew I did not cash the check. I informed the bank that I never had an account with the bank so it could not have deposited the money into a non-existent account, at least not under my name. I also informed the bank that it would have been impossible for them to have photocopied my Driver's License since I was never there. The bank refused to give me the money. When I asked for documentation on the transaction, the bank stated that I needed to file a police report before it could give out information. The website for filing police reports first wanted copies of the transaction before it could start an investigation. So, it's a Catch-22.
I want to file a suit with the local Small Claims Court. My question is do I necessarily have to file a police report before I can start the process? I am in the process of writing a demand letter to the bank and then plan to proceed with filing a claim if I get no response from the bank.
Thank you in advance.
Later, based on the information on the letter from the IRS, I determined that a well-known bank had cashed the check. I went to that bank to ask for the money since I knew I did not cash the check. I informed the bank that I never had an account with the bank so it could not have deposited the money into a non-existent account, at least not under my name. I also informed the bank that it would have been impossible for them to have photocopied my Driver's License since I was never there. The bank refused to give me the money. When I asked for documentation on the transaction, the bank stated that I needed to file a police report before it could give out information. The website for filing police reports first wanted copies of the transaction before it could start an investigation. So, it's a Catch-22.
I want to file a suit with the local Small Claims Court. My question is do I necessarily have to file a police report before I can start the process? I am in the process of writing a demand letter to the bank and then plan to proceed with filing a claim if I get no response from the bank.
Thank you in advance.
