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#1827736 - 06/26/13 03:16 PM Stolen Card/Fraudulent Check
biz Offline
Diamond Poster
Joined: Nov 2005
Posts: 1,032
Midwest
Customer Joe, deposits a check for $1500, which was for the sale of his deceased father's 64" flat screen TV. The $1500 turns out to be stolen and fraudulent. Police call me to let me know that Fred's daughter Mary stole the check from Fred. It has not come back to us, yet.

Joe, not a well man, and who was being cared for by Mike, indicates his SS card, ID and debit card have been stolen and that half a dozen transactions were not authorized by Joe.

Turns out Mike is a friend of Mary who the TV was sold to and who purchased it with the stolen check.

My question, what are our responsibilities if the check that Joe is wanting reimbursement for is a fraudulent check. What steps do we need to take. I don't think Joe is involved with the check scam, but all the same its a bad check he wants reimbursement for. Thanks.

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#1827740 - 06/26/13 03:20 PM Re: Stolen Card/Fraudulent Check biz
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,392
Galveston, TX
Joe taking a fraudulent check is not the bank's problem. If he seeks reimbursement, he has to pursue Mary.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#1827923 - 06/26/13 06:15 PM Re: Stolen Card/Fraudulent Check rlcarey
RRichmond Offline
Junior Member
Joined: Mar 2008
Posts: 47
Check your time frames to make sure you're not waiting on a late return for a forgery. It may end up being the paying bank's problem instead of Joe's.

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#1827947 - 06/26/13 06:49 PM Re: Stolen Card/Fraudulent Check biz
biz Offline
Diamond Poster
Joined: Nov 2005
Posts: 1,032
Midwest
So we would still need to make reimbursement to Joe-for the transactions not authorized by Joe?

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#1827950 - 06/26/13 06:51 PM Re: Stolen Card/Fraudulent Check biz
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,392
Galveston, TX
If Joe reported his card as stolen, then it would appear that he would be eligible for credit for the unauthorized transactions under Regulation E.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#1827981 - 06/26/13 07:36 PM Re: Stolen Card/Fraudulent Check biz
RRichmond Offline
Junior Member
Joined: Mar 2008
Posts: 47
You're talking about 2 separate things. Card fraud and check fraud. He would appear to have a claim for the card transactions, but you would not seem to have any liability under those circumstances for the check fraud.

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