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Suing Customer Over Counterfeit Check
Answer by John Burnett, BOL Guru (Guru BIOS )
Question: I am an attorney representing [Name of Bank Removed]. One of the Bank's customer's presented a check, which he claimed was from an inheritance. The check was drawn on a foreign bank in Canada. The bank placed a 15 day hold. Two months later, the check was determined to be counterfeit. I am attempting to sue the customer for the amount owing. It is my understanding that the UCC does not apply due to the fact that it is a foreign check. I am contemplating suing under an unjust enrichment and fraud theory. Any other ideas regarding a cause of action against the customer?
Answer: My read of the UCC puts this check under the UCC while it's being handled in the U.S. That would mean that the customer provided a transfer warranty when the check was deposited. Unjust enrichment and fraud are icing on the cake.
First published on BankersOnline.com 4/4/05
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