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Old 02-12-2015, 02:23 PM
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Exhibitman Exhibitman is offline
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I have extensive work experience chasing financial fraudsters [NOT saying that there is fraud here, just providing a frame of reference for my suggestion]. The nice thing about checks is that they leave an auditable trail. Get a copy of the front and back of your cashed check. When you deposit a check the bank stamps it with information that can be reviewed to determine where it was deposited. If it went into an account that has nothing to do with the seller or originated from a place like a check cashing service that is not where the seller is located odds are the check was stolen and cashed by a third party and the seller really is innocent.

The law is stacked 100% in favor of the banks when it comes to checking accounts:

1. Banks do not have to dishonor a check you write just because you tell them it was stolen or lost. I just had to put one on a check at WFB [$31 for 6 months] but it is ineffective if the check is cashed anywhere other than at a branch of your bank. If the check is presented for deposit and sent to your bank while a hold is in effect it will be rejected, but that's the end of the protection.

2. Banks are not liable for not catching a stale check--or any other SNAFU or breach of their own account rules--if they have 'reasonable' methods in place to administer the account and one happens to slip through. That is in the Uniform Commercial Code, which has been adopted in nearly every state in some form. And you thought Little League was the last time in life you get a trophy for trying...

3. If the bank sends you a statement every month you may have as little as 30 days to catch even the most egregious fraud/bank error or the bank may not have liability for your losses. A client of mine recently caught an ex-employee embezzling funds over nearly three years by using a fraudulent transfer instruction and the bank was liable for just the prior month's unauthorized transaction.
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Last edited by Exhibitman; 02-12-2015 at 02:27 PM.
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