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Suing Customer Over Counterfeit Check

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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?

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 4/4/05

First published on 04/04/2005

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