One of my customers is requesting an affidavit for claim against the bank of deposit. What happened is he wrote a check to a company for piano lessons. An employee at the piano lesson company took several checks made payable to the business and opened an account at another bank in a similar business name, then proceeded to deposit the intercepted checks. Now our customer is wanting an affidavit that he can complete and submit since the money did not get to the rightful owner. Are we liable to provide these forms or should this be between the police and the victim at the legitimate company?

An affadavit is "under penalty of perjury." Your customer cannot sign such an affadavit. The rightful payee has to sign that they did not get the money or benefit of the proceeds.

Al

The payee signs the affidavit and delivers it to your customer, demanding payment. Your customer makes claim for wrongful payment against your bank, and your bank in turn makes a claim under transfer and presentment warranties against the depositary bank. The depositary bank, if it can, charges its depositor. If it cannot, it eats the liability.

Could someone tell me where to get such an affidavit. Would the payee obtain that from her bank, then present that to my customer?

Ordinarily, the payee would seek such an affidavit from his/her bank.