Skip to content
BOL Conferences
Thread Options
#709435 - 03/30/07 06:11 PM Fraud Checks Returned
moola40 Offline
Member
Joined: Nov 2003
Posts: 98
How long after a check has been paid do you have to return it as fraud?

Return to Top
Deposits and Payments
#709445 - 03/30/07 06:24 PM Re: Fraud Checks Returned moola40
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,353
Galveston, TX
Depends on what is wrong with it.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#709576 - 03/30/07 08:38 PM Re: Fraud Checks Returned rlcarey
moola40 Offline
Member
Joined: Nov 2003
Posts: 98
A customer has recently noticed that a couple of checks were cashed and were not written by him and wants us to return them now after 4 years as fraud.

Return to Top
#709609 - 03/30/07 09:19 PM Re: Fraud Checks Returned moola40
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,353
Galveston, TX
You'll have to check your UCC but normally the statute of limitations is three years.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#709914 - 04/02/07 04:26 PM Re: Fraud Checks Returned rlcarey
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Oops! If the customer is claiming that checks drawn on his account were paid but not authorized by him, that's a one-year statute of limitations in most states. See your state's version of the Uniform Commercial Code, section 4-406(f) -- numbering may vary from state to state.

In addition, you may be able to shorten that one-year period by contract.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top
#710529 - 04/03/07 04:42 PM Re: Fraud Checks Returned John Burnett
FraudBuster Offline
100 Club
Joined: Nov 2005
Posts: 198
Indiana
Well, I suppose since you use the verb "try", in theory one could "try" returning anything, anytime, and hope the depositary bank doesn't cry "Foul". But am I missing something in the conversation? If this is simply a matter of forged signature, it would seem that the midnight deadline applies, and the real question is whether your customer can demand reimbursement from the bank for wrongful payment. (And after 4 years, I'm thinking just about any state would say, "Nah.")

Or am I misunderstanding the question?
_________________________
Opinions expressed do not necessarily reflect those of my employer or of my cats.

Return to Top
#710628 - 04/03/07 06:07 PM Re: Fraud Checks Returned FraudBuster
HappyGilmore Offline
10K Club
Joined: Jun 2004
Posts: 19,854
Pulling people out of the ditc...
The bank has until midnight to return for fraudulent signature, the customer has 1 year to legally request compensation from his bank. I'm not aware of any statute that allows for a claim after 4 years. Of course, depending on the relationship, his bank may choose to reimburse, regardless of time that has passed.
_________________________
Providing alternative truths since the invention of time

Return to Top
#710993 - 04/04/07 01:26 AM Re: Fraud Checks Returned John Burnett
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,353
Galveston, TX
John - oops - I'm getting old and need to stop making off the cuff responses without looking them back up I guess
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#711383 - 04/04/07 06:22 PM Re: Fraud Checks Returned rlcarey
GoPirates Offline
Member
Joined: May 2006
Posts: 59
Could I interject my own situation into this question? I recently was made aware from a customer that checks that were presented to us last month were fraudelent. The culprit took our bank routing number and our customer's account number and applied it to a series of checks that were subsequently all paid. Our customer realized this in their recent statement. Do we (my bank) have the ability to send the checks back as contefeit or is it too late to return?

Return to Top
#711400 - 04/04/07 06:36 PM Re: Fraud Checks Returned GoPirates
Skittles Online
10K Club
Skittles
Joined: Sep 2002
Posts: 13,965
TN
Sorry, but you have the midnight deadline to contend with. If you don't follow that rule your bank has to 'eat' the cost.
_________________________
My Opinions Only

Return to Top
#711556 - 04/04/07 08:30 PM Re: Fraud Checks Returned Skittles
HappyGilmore Offline
10K Club
Joined: Jun 2004
Posts: 19,854
Pulling people out of the ditc...
depends if the item is remotely created or not. If remotely created, the BOFD has some liability now related to these type of checks. I don't have a link, but you can search in BOL forums, John B. has done a post about it already. If a true forgery (fake signature, etc), sorry, midnight deadline is yours to deal with.
_________________________
Providing alternative truths since the invention of time

Return to Top

Moderator:  John Burnett