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#973165 - 06/11/08 04:42 PM Taking losses on reclamations -- what can we do?
Sanya Offline
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Joined: Feb 2004
Posts: 6
I am struggling with how I am to be handling reclamations on accounts for deceased individuals. I think I understand the Treasury's requirements, and our liability; however, I am experiencing instances where the money is gone as it was withdrawn from an unknown source which causes the account to be forced overdrawn to allow us to return the money to Social Security. On occasion I am able to pull surveillance and have actually filed two police reports on those individuals. Both times I am told that because there was no "malicious intent" to defraud the bank no charges would be filed. Should I just be taking these as fraud losses and not pursue? I certainly donít like the idea of having to take them as a fraud loss and not being able to recover the funds. Does anyone have any suggestions on other recourse available to us?

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#973293 - 06/11/08 06:37 PM Re: Taking losses on reclamations -- what can we do? Sanya
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 46,417
Bloomington, IN
Speak with your attorney. You may be able to take civil action.
The opinions expressed are mine and they are not to be taken as legal advice.

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#973640 - 06/12/08 10:45 AM Re: Taking losses on reclamations -- what can we do? Dan Persfull
rlcarey Offline
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Joined: Jul 2001
Posts: 77,239
Galveston, TX
You could also file a creditor's claim against the estate.
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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