09/29/2003
A check is made payable to the husband. The wife, on a regular basis, endorses the husband's name and then her name and deposits the check into her account. This practice has been done for at least six months and the husbands states that he has given his wife permission to do this. Now, the wife has suddenly skipped town with the proceeds of the last check she deposited. Can the husband now claim his signature was forged when he has ratified the forgery in the past?
09/22/2003
We have a customer that is trying to claim a forged signature on a check that cleared his account in 2001. Will the bank have to reimburse him for the check or has it been too long? Is there a time limit to claim forgery? Does the bank have any options?
09/22/2003
How does one file an Affidavit of Forgery on a check presented to a merchant when the merchant processes the check electonically and returns the check to their customer? Do we treat the transaction as an ACH situation?
09/02/2003
With all the counterfeit cashier's checks being given, how should we handle verifying that they are good and giving immediate credit on new accounts or for deposit?
08/18/2003
A customer wrote a check and made it payable to a person. The check was mailed to a foreign country. The check was stolen from the mail and deposited at a US bank. Should the affidavit for forged endorsement be filled out by the payee or the maker? If the payee, can our bank's form be used and sent to the payee in the foreign country? Would I need anything from the maker who is informing us of the claim?
08/01/2003
Question: We had a check returned to us that was cashed out when it was presented by one of the payees over six months ago. The check was for $5,400.
07/22/2003
Problem 11 - continued:
Re: Liability of the bank on checks paid during the past year bearing forged signatures:
07/14/2003
We have a forged endorsement claim that was submitted with a forgery questionnaire and affidavit. The claim is timely and properly presented and the amount is not large. Ordinarily I would not hesitate to pay, however the details on the questionnaire make me feel that we should not be held entirely liable. Specifically, the claimant suspects her sister of stealing the check, and admits that the check was not properly secured. Can I decline this claim or suggest shared liability based on the evidence of negligence by the claimant or are we as the depositing bank required to pay forged endorsement claims regardless of the details surrounding the forgery?
07/01/2003
06/30/2003
Are the return time frames different for an altered check versus a counterfeit check?