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#2246170 - 12/04/20 03:37 PM Return Request from 2019-Check-Forged Maker
Jenny Roberts Offline
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Joined: Feb 2014
Posts: 164
Tennessee
We received a letter from a bank where they are asking to return monies from a check that one of our customer's deposited in 2019 stating that it was "without entry-forged maker". Can anyone guide me to where I can find information on if we have to honor this request and time frames for returning? I am thinking we are not required to honor their request since it was back from 2019 but not sure on the rules.

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#2246171 - 12/04/20 03:48 PM Re: Return Request from 2019-Check-Forged Maker Jenny Roberts
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 79,926
Galveston, TX
If the other bank paid one of their on-us checks that involved a forged maker - then the loss falls on them. You would be under no obligation to do anything. Their claim (if any) would be directly with your customer that deposited it.
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#2246172 - 12/04/20 03:55 PM Re: Return Request from 2019-Check-Forged Maker rlcarey
Jenny Roberts Offline
100 Club
Joined: Feb 2014
Posts: 164
Tennessee
That's what I was thinking as well. Thanks!

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#2246341 - 12/09/20 03:43 PM Re: Return Request from 2019-Check-Forged Maker Jenny Roberts
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 39,793
Cape Cod
Even in situations in which so-called "Rule 9" check fraud warranties are involved, it would be too late for the paying bank to press a breach of warranty claim under Rule 9.

The paying bank is either ignorant of the law/rules, or is hoping that your bank is ignorant so that it doesn't need to take a loss. In some states (Florida and Georgia, for instance), it might even be too late for THEIR depositor to press a claim that the check wasn't authorized.
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John S. Burnett
BankersOnline.com
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