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#737703 - 05/22/07 02:40 PM Forgery Reimbursement
HR Banker Offline
Diamond Poster
Joined: Oct 2002
Posts: 1,027
We cashed checks for our customer drawn on Bank X. Bank X's customer claims forgery. Bank X paid the checks and wants us to reimburse them. We had no way to verify Bank X's customer's signature. We shouldn't have to pay Bank X, should we? Don't they need to go to our customer for payment?

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#737730 - 05/22/07 03:03 PM Re: Forgery Reimbursement HR Banker
Skittles Offline
10K Club
Skittles
Joined: Sep 2002
Posts: 13,965
TN
If Bank X doesn't discover the forged signature within the midnight deadline, they are on the hook.
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#737755 - 05/22/07 03:33 PM Re: Forgery Reimbursement Skittles
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
In some clearinghouses, there are check fraud rules that provide for "adjustments" after the midnight deadline. The clearinghouse rule modifies the UCC in such cases. One excellent example is the check fraud warranty rule at the Central Oklahoma Clearinghouse Association (COCHA), at https://www.cocha.org/Services/CheckFraud.asp

But if you don't belong to a group like COCHA with a similar warranty rule, Bank X (from your example) is "on the hook" if it misses the midnight deadline. It's then a matter between Bank X and its customer (and the forger, if he or she can be found).
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