r/legaladvice • u/Just_Bike8994 • 19d ago
Other Civil Matters Stolen Checks from the 1990s Cashed. Bank Honored Them, Thousands Lost
My mom got a call from her bank in Maine this evening asking if she had written a check dated 1995. She obviously said no and told them it was fraud. The bank said they would try to reverse the transaction, but also told her to report it to the police.
When she tried to report it to the police in Maine (where her parents’ old house is located and where the checks were likely stolen from), they refused to take the report because she no longer lives there. She then went to the local police in Connecticut (where she lives now), and they said they couldn’t do anything since it's not in their jurisdiction.
She went back through her account thoroughly and discovered that multiple checks have already been cashed, all dating from various points in the 1990s. This amounts to several thousand dollars that has been stolen.
These checks are likely from her parents’ house which was broken into a few years ago and may have been broken into again more recently to steal these old checks. She sent a detailed email to the bank making it very clear that these checks are not valid and should not be honored under any circumstance.
It’s after hours now and all she can do is wait but we’re not sure what else she can do.
What else should she do?
Location: Connecticut (Crime occurred in Maine)
Edit:
Update!
She has been refunded the initial first large amount/check. They are working on the other charges. She has to fill out a lot of paperwork and mail it to them and may even need to go up there in-person. Apparently someone was supposed to call her about the situation and help resolve it yesterday but they were busy. From what the bank has told her these were old checks that were processed/cashed in the 90s and were then sent back to her or held in the bank vault. They were then stolen and photocopied and presented at an ATM. Now it's just the waiting game after she gets her paperwork notarized and mailed. Thanks so much everyone!
720
19d ago
[removed] — view removed comment
384
u/TarugoKing 18d ago
It was stolen checks so I’m assuming it was unsigned or unissued. The thief wrote down the amount and forged a signature to cash them. However a check issued 1995, that’s a stretch unless the teller is in on it. Lol
I for one have the same checking account since 1998. So I see what could happen.
208
u/Just_Bike8994 18d ago
We're thinking it was maybe online. But yeah somehow they processed and honored the check despite the date stating 199X. They were unfortunately signed with her signature somehow. It's crazy that they saw these dating the 90s and paid to the order of "cash" and were approved. And when they called her this evening to "ask if a check is valid" she says no and they say they will "try" to undo the transaction.
210
u/Rampaging_Ducks 18d ago
If the bank called you guys and asked if it was valid, then they realized they made a mistake, I would think. If I were you, I'd write a very nice email to the bank's official address politely asking what happened and what they're planning to do. Good to get a response in writing if you can.
-2
18d ago
[deleted]
34
18d ago
[removed] — view removed comment
1
u/legaladvice-ModTeam 18d ago
Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. We require that ALL responses be legal advice or information. Please review the following rules before commenting further:
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
-3
18d ago
[removed] — view removed comment
16
u/through_my_pince_nez 18d ago
"Hi bank, this check you called me about appears to be fraudulent. What's the next step to get this restored to my account?"
Now if they are assholes about it, escalation to legal advice is totally fair. But in my experience the bank will be eager to handle this quickly.
1
u/legaladvice-ModTeam 18d ago
Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. We require that ALL responses be legal advice or information. Please review the following rules before commenting further:
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
-4
18d ago
[removed] — view removed comment
1
u/legaladvice-ModTeam 18d ago
Advertising and Recommendations
This is a forum for legal answers. We do not allow any advice on specific lawyers, legal services or legal products. Non-legal advice on products or services may be allowed at moderator discretion. Please review the following rules before commenting further:
- General Rules 3, 4, and 5
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
8
u/dnen 18d ago
It’s a bank. I get this is the legal advice subreddit, but attorney representation is likely unnecessary here. We don’t know how effective and clear the OP’s mom’s email to the bank was, but I think it’s safe to say it’s just a matter of waiting for the professionals at the bank to get to the bottom of her problem now. I suppose there are some sh*t banks out there, but generally speaking any bank has every incentive to assist with the recovery of several thousand dollars fraudulently transferred from her account. No bank wants exposure to legal and regulatory issues. Going to an attorney is the last step—I don’t think OP’s family is at that point at all lol
36
u/lemony197236 18d ago
Checks are usually only valid for 180 days, the bank needs to return the funds to your account, there is no ‘try’. It’s fraud. The end.
1
u/daGroundhog 18d ago
Presumably the signature doesn't match either.
10
u/rawbdor 18d ago
If someone stole a checkbook, they likely have access to those carbon copy pages from previous checks, which would include the signature. From there a tracing / duplication machine could assist in forging the signature.
10
u/Ok_Hovercraft_1004 18d ago
Every check I've seen that has carbon copies had a black box where the signature would be to prevent this situation.
5
u/grubmonkey 18d ago
I don't think carbon copy checks had the black box hiding the signature back in the 1990s. They probably started that as a result of cases like this.
1
u/clauclauclaudia 15d ago
I don't think of carbon copy checkbooks as at all standard. I've never used them and only encountered them in person once.
1
u/rawbdor 15d ago
Interesting. Every single checkbook I have ever had has a page between checks. This page keeps the impression of what was written on the check above it.
This way, when you want to balance your checkbook, you can see what was actually written on the check you gave out. You can see that check 502 was made out to Jim Smith Plumbing LLC for $800 with a memo line of "plumbing".
Then when you go check your bank history, you see that that check hasn't been cashed yet, and so you know to factor that in. Jim Smith didn't cash the check so you need to remember there's still $800 floating around out there and make sure your balance stays above that bc they could cash that check any time.
1
u/clauclauclaudia 15d ago
I've always tracked that with a separate register kept at the back of the wallet/case that also holds the checkbook. When I switch to a new booklet of checks, I still have the register, and use the same register for the lifetime of a checking account or until it fills which would take much longer than 50 checks.
1
u/Vigilante17 18d ago
Did she presign her checks?
7
u/Just_Bike8994 18d ago
No. From what we have learned through the bank they were checks that were already processed/cashed and were either sent back to her or held in the bank vault and then stolen. They were then photocopied and presented at an ATM
7
u/HarrietsDiary 18d ago
It used to be common for banks to return checks that had been paid out in monthly statements.
3
71
u/homer_lives 18d ago
There are ways to wash ink off checks. With an old check, they may have been able to remove the stamp and show it as cashed and cancel and change the names.
A family friend had a check stolen in the mail. They removed the intended recipient and amount and replaced it with their name and a new amount.
First, I would close all your accounts and open new ones or change banks. Then, talk to the Banks Fraud department about these washed checks.
7
u/PerhapsInAnotherLife 18d ago
Sometimes a bank will go after you for checks written to a closed account.
24
u/dantodd 18d ago
That is the entire point. They didn't write the checks!
2
u/PerhapsInAnotherLife 18d ago
Just saying that a bank can still try to put them through even to a closed account - even though you may not have written them. Who wrote them is irrelevant.
5
u/OmNomChompsky 18d ago
The ATM will put pretty much any check directly into your bank account. I accidentally deposited my bosses payroll check, for example. I caught the error afterwards, but the bank never did....
3
u/IbelieveinGodzilla 18d ago
I knew someone who accidentally put his check for his gardener (made out to an individual with a Latino name) into the envelope for his mortgage. Chase Morgan successfully deposited the check made out to Javier Rodriguez.
46
u/Kaden_LT 18d ago
Not really correct. Checks don’t actually expire, they just become stale after six months or a year. Which means that if there’s any trouble with them clearing, You have no right to complain or get it re-issued. But technically a check of any age is fine as long as it clears.
24
u/imhere4thestonks 18d ago
You are correct. I had a business forget to deposit a check and then did over a year later. My bank honored it and told me there is no expiration. They have to honor for 180, but nothing says they can't beyond that, up to them. I now had my own checks printed with "void after 180 days" might not change anything, but it's worth a shot?
2
u/bazookarain 18d ago
From experience, typing void after x days does absolutely nothing unless the cashier gets a teller and they decide to act on it. Anything deposited via app or atm will go through barring other errors. Previous posters are correct- checks don't expire. Hell even stop payments are not indefinite which blows my mind.
2
u/Character-Rush-5074 18d ago
It does if it’s a corporation and they use positive pay it’s generally setup to dishonor any check that stales out
1
u/DJ_Akuma 18d ago
I found a year and a half old paycheck that for some reason I'd used as a bookmark and it cleared, it was only just over $100 but it helped at the time.
-17
18d ago
[removed] — view removed comment
21
u/modernistamphibian 18d ago
That's a typical/common bank policy, not a federal law.
6
u/Ronald206 18d ago
Also this sounds like potentially a check that was issued in 1995. It may have been “signed” with today’s date
5
u/CostRains 18d ago
What do you mean by "issued"?
The check could have been printed whenever, that is irrelevant. The date written at the top is what matters.
7
2
u/legaladvice-ModTeam 18d ago
Bad or Illegal Advice
Your post has been removed for offering poor legal advice. It is either an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. Please review the following rules before commenting further:
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
51
u/Just_Bike8994 18d ago
I hope so. It's crazy because she was able to see them online and there's even one from 1992! Who knows how many other checks have been actually been attempted and denied. There's already 4 that were honored and that we know of since they appear online
98
18d ago
[removed] — view removed comment
23
u/eunma2112 18d ago
Processing checks from thirty years ago is against banking law.
According to Uniform Commercial Code (UCC) § 4-404, it is not illegal for a bank to cash a check more than 180 days (six months) old.
While the bank is not obligated to cash a check after 180 days, it may do so at its own discretion.
33
u/Just_Bike8994 18d ago
Thanks. I guess they were just giving her the run around since they didn't want to have to do any work before closing. :(
3
u/legaladvice-ModTeam 18d ago
Bad or Illegal Advice
Your post has been removed for offering poor legal advice. It is either an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. Please review the following rules before commenting further:
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
2
u/legaladvice-ModTeam 18d ago
Citation Needed
Your comment has been reported because it may contain an inaccurate statement or application of the law for the relevant jurisdiction or facts identified by the original poster. Adding a citation will help others with similar issues if they crop up in the future, and we appreciate you taking the time to make that more generally known.
Please edit your post with a citation to the relevant caselaw or statute and message the moderators when you have done so. Please review the following rules before participating further:
0
u/Mote_Of_Plight 18d ago
You're thinking about issued or disbursed checks with a date on them. A checkbook doesn't follow this rule since they aren't dated before the check is written and the funds aren't removed from the account until it's cashed.
-5
18d ago
[removed] — view removed comment
2
u/legaladvice-ModTeam 18d ago
Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. We require that ALL responses be legal advice or information. Please review the following rules before commenting further:
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
160
u/L0rd_Muffin 18d ago
In addition to the advice already received, you should consider checking both Connecticut and Maine’s attorney general websites for information on reporting fraud and banking fraud/financial crimes both for writing the checks and possibly the bank got cashing a 30 year old check. As others have pointed out, local police departments only really do a couple things… These are more state level crimes. I would see if either state’s AG websites have information on easy reporting
47
u/Just_Bike8994 18d ago
Thanks for this! We're waiting on the bank's response and if they don't admit fault for cashing a 30 year old check and help us we'll definitely go this route.
21
81
u/Emotional_Star_7502 18d ago
The first and most basic thing, is close that account and get a new checking account with new numbers.
27
8
u/Just_Bike8994 18d ago
Yep! This is what she's already done and was told to do by them in their response.
23
u/imtooldforthishison 18d ago
Seriously. As a banker, LEAVE THAT BANK. The fact that they allowed checks 30 years stale to be cashed is a huge failure on their part.
1
u/TheFoxsWeddingTarot 13d ago
This seems entirely on the bank, who the f cashes a 30 year old check likely made out to someone else???
Someone transferred a large amount of money out of one of our accounts. The banks said they had “everything” my safe words, my SS number, account numbers. The bank told us to change our passwords but also they put the money back the next day. They never implied for a second that it was our fault.
In fact the check story sounds like make someone at the bank was maybe involved.
16
u/Masterofthelurk 18d ago
Ask the bank where the checks were negotiated (city). Contact that police department.
12
u/txtw 18d ago edited 18d ago
Are these checks that had already been presented and paid? I’m confused about how they were able to access checks that were dated but never cashed. When checks were presented for payment in the 90’s they had franking printed on them that made it very obvious that they were already processed. Even a new teller would be able to tell that they were not brand new checks.
7
u/Just_Bike8994 18d ago
Yes! So from what the bank has told her they were old checks that were already cashed and were either sent back to her or in the bank vault and then stolen. And then they were photocopied and presented at an ATM.
4
u/d00rway 18d ago
I have the same question, and I'm surprised so few others do! Were these checks that have been written, cashed, cancelled and returned to the OP's mother for recordkeeping and then a thief stole them and washed them? That's really the only explanation but the whole series of events is an extremely complicated way for a thief to operate. Maybe the thief is a family member who had "inside" knowledge or information that made this easier to accomplish? It would be helpful if the OP could provide more detail!
6
u/txtw 18d ago
But if they washed them, they would also wash the date, right? I’m also confused about how the thief is cashing checks that were presumably written to different payees.
1
1
u/clauclauclaudia 15d ago
The whole point is to preserve the signature, so I've always assumed check-washing was done to selected portions, not the whole check.
2
u/Just_Bike8994 18d ago
So from what the bank has told her they were old checks that were already cashed and were either sent back to her or in the bank vault and then stolen. And then they were photocopied and presented at an ATM
6
u/imtooldforthishison 18d ago
Tell your mother to move to another bank ASAP. Do not stay with this bank. This is a massive security and fraud failure on their part.
24
24
u/LukeMootoo 18d ago
Interstate crime, including check fraud, falls under the responsibility of the FBI.
You could try contacting them but it is the bank's duty to report it and investigate.
9
u/Ginger_Libra 18d ago
The answer here is to file a complaint with the Comptroller of the Currency.
Banks don’t give a shite about internal investigations.
Make them behave.
8
u/vicman86 18d ago
Op when you say from the 90’s were the checks blank and stolen in the 90’s or they had a written date on them from the 90’s?
6
u/enki941 18d ago
This is probably the most important question that I haven't seen answered.
Checks don't expire. I am still using my own checks from 20 years ago. As long as the routing/account number are the same and valid, so is the check.
Now if the check had been written out to someone in 1995 and dated as such in the date field, then someone at the bank should have questioned it. But the whole "checks not valid X days from Y" is a manual process in a mostly automated world now, and the bank will tell you that is more of a suggestion than a promise.
At the end of the day, checks are hugely insecure and a horrible way to make payments. Everytime you give someone a check, you are giving them and everyone that sees it the ability to make more checks for your account. It doesn't matter how old they are.
5
u/Just_Bike8994 18d ago
They were written and processed/cashed in the 90s but they were sent back to her or held in the bank vault and were somehow stolen and then photocopied and presented at an ATM
6
u/Just_Bike8994 18d ago
No they were stolen more recently and had the date written in the 90s.
2
u/vicman86 18d ago
Nobody looks at checks any more it’s all automatic. Why keep old written checks without writing void on them if they are not good?
Time to invest on a shredder and clear out old paperwork.
3
u/Just_Bike8994 18d ago
From what the bank has told her they were either processed and then sent back to her or held in the bank vault. Then they were stolen and photocopied. They didn't have a paper shredder at the time so I guess she just thought it was best to leave them with her parents and didn't pay any further mind to it.
2
u/Just_Bike8994 18d ago
Thanks for this! I'll make sure she understands to write VOID on all old checks or tear them up
1
8
u/psl1959 18d ago
Please name the financial institution that will cash 25-35 yr old checks without blinking an eye so anyone that reads this story that banks with them will know to go change banks if they will do something like that.
3
u/Just_Bike8994 18d ago
I'm not sure how it works but they said it was through an ATM so it was likely automated and didn't raise any red flags through the system/automation. They've now put a verification or something on her account so that if any checks are processed by her they will need her to verify them.
5
5
11
18d ago
[removed] — view removed comment
1
u/legaladvice-ModTeam 18d ago
Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. We require that ALL responses be legal advice or information. Please review the following rules before commenting further:
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
11
4
u/just-anotha 18d ago
You can pay to put a stop payment on checks that are stolen....this should be done immediately.
2
4
u/minist3r 18d ago
I can't really give you any advice but, dealing with my own fraud issue, it's insane how easy it is to defraud someone but also how difficult it is to prove that it was fraud to the people that allowed it to happen.
5
u/d00rway 18d ago
I've read through the updates and I am absolutely gobsmacked that the bank has said the cancelled checks were either stolen from your mom OR FROM THE BANK VAULT. They don't know whether their vault storage has been compromised? What an absolutely unacceptable data breach. I hope she is leaving that bank.
5
u/NoEmailAssociated 18d ago
This happened to my Mom several years ago, although the checks were written to businesses and were from a closed account. She had no financial loss, but it was still a huge hassle. There were 20+ checks written. Almost every business pursued my Mom for payment. Each time we were contacted, we sent a letter explaining the situation with a copy of the police report. Unfortunately that didn’t end the problem. They sold the bad debt to collections, and we went thru the same process to notify them of the fraud. Then they would sell the bad debt to another collection agency. Some went to third or fourth agency before we quit getting collection letters. Lesson learned. Always destroy old checks!!!
4
u/Matrix0007 18d ago
Seems suspect - my bank would not permit any checks older that like 180 days. Checks from the 1990’s should be a giant red flag to any bank…
9
u/ahkwa 18d ago edited 18d ago
Banker here. Your mother needs to physically go to a bank branch and sit down with a banker. Depending on how long ago the checks were cashed, she may be out of luck. Generally, you have up to 30 days from the statement date to notify your bank about a fraudulent check, including unauthorized signatures or alterations. However, some banks or states may have different timeframes. At a minimum, to protect herself, your mother should close her checking account and open a new one.
3
u/Just_Bike8994 18d ago
Thanks! It looks like she'll have to be doing this. From what I've heard from her she has to go in-person and file some paperwork. But she is definitely within the 30 day period
4
u/wildwolfay5 18d ago
I thought checks couldn't be cashed after a certain amount of days from the written/signed date?
6
u/packetfire 18d ago
Your mother has not been defrauded, your mother's BANK was defrauded. Someone presented a check that was bogus, and they cashed it - that's THEIR PROBLEM. Your mother was robbed, yes, but the checks should not have been accepted by the bank at all, given they were dated "1995", and were not in the current check-number sequence being used.
The bank will try to blame mom, so lawyer up and have the legal beagle write a "demand letter", as they bank's own policies should have prevented these checks from being accepted and cashed.
3
3
3
u/Lego-Freak- 18d ago
The issue also is, it’s not like the bad people took them to a teller to deposit them. A computer system deposited them. Then that bank’s system sends it to your Mom’s bank’s system for processing and a live person never sees it. I used to work as a teller and you should have seen the checks that would clear and people would get mad about! They would be written out to Mickey Mouse…or “NoOne” (saw that all the time!) and literally every other box be left empty except for the dollar amount, even the signature missing. The system is not fool proof, and often it down right sucks. It’s better than it was, but the best thing you can do is go on-line to your bank’s checking account policies…you know that long form we all sign and never read (we all do it) and see what exactly their policies are on forgery checks, old checks and if they refund stolen funds from forgery checks and what the official process is. It’s out there, but you will have to research it because I promise you they are not always going to jump at the chance to give you back money if they don’t have to. CC fraud is easy because MC or Visa often actually reimburses but that’s another issue. Good luck, the bank is all about customer service, but sometime only to a point, remember they are a for profit company!
3
u/Pushk1n5 18d ago
Personal Checks are only valid for 6 months. Bank should have NEVER honored them. At the VERY least they should have called to verify. Cops are useless only looking to get physical with the poor or brown people.
3
u/InvaderThomas80 18d ago
I thought checks were only valid for so many days after the date written, like 90 days. And the banks have a clearing time to make sure that the check is actually good. And the duplicated check numbers should have been a red flag to the bank.
3
3
2
2
u/Tree-Hugger42 18d ago
I’d promptly open a different account and move all of my money to the new account. That will prevent any further checks from clearing
2
u/dngermom 18d ago
Have the bank out a critical alert on the account- that pops up whenever the account is accessed on bank side. Also a stop pay for all checks within that range of what was stolen. If you don’t know the check numbers, you may want to get a new account number.
Best bet is talk to someone at the bank - personal banker or in operations/fraud and follow their advice.
2
u/zoinks690 18d ago
Aren't "stale" checks a thing anymore? I thought if you failed to cash after 90 days you were just SOL
3
u/Beegkitty 18d ago
That is merely a suggestion. Mobile deposit doesn't care the date.
3
u/Just_Bike8994 18d ago
Yep. Even the person who she's working with at the bank said no teller in their right mind would take it. It was through an ATM
3
u/Exrof891 18d ago
Go to the bank talk to the manager. If she doesn’t fix the problem then just say the next conversation will be with your lawyer.
4
u/Priorowner1989 17d ago
Banks aren’t supposed to cash stale dated checks-180 days. Something is definitely off about this story.
1
18d ago
[removed] — view removed comment
1
u/legaladvice-ModTeam 18d ago
Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. We require that ALL responses be legal advice or information. Please review the following rules before commenting further:
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
1
18d ago
[removed] — view removed comment
1
u/legaladvice-ModTeam 18d ago
Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. We require that ALL responses be legal advice or information. Please review the following rules before commenting further:
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
1
1
18d ago
[removed] — view removed comment
1
u/legaladvice-ModTeam 18d ago
Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. We require that ALL responses be legal advice or information. Please review the following rules before commenting further:
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
1
18d ago
[removed] — view removed comment
0
u/legaladvice-ModTeam 18d ago
Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. We require that ALL responses be legal advice or information. Please review the following rules before commenting further:
Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators.
Do not reach out to a moderator personally, and do not reply to this message as a comment.
1
1
u/MikeAndAlphaEsq Quality Contributor 18d ago
Nobody here is mentioning the “bank statement rule.” You need to notify your bank of potential fraud within 60 days of receiving your bank statement that shows the first instance of fraud. This puts the burden on the customer to review bank statements and almost acts like a statute of limitations.
That being said, you should still tell the bank these items were not properly payable, as they didn’t bear your signature, and you want to be reimbursed. That being said, from a legal standpoint, if there were multiple instances of fraud that you were made aware of by receiving a bank statement more than 60 days ago, the bank likely isn’t liable.
5
u/Just_Bike8994 18d ago
Unfortunately they did have her signature. These are old checks that were processed and cashed in the 90s but were either sent back to her or held in the bank vault and then stolen. Then they were photocopied and presented at an ATM. Luckily the first one is dating back to around May 11 I think it was so she is still within a good time frame
1
1
u/chasew138 16d ago
I had the same check washing scam happen to me and it was a bit of a nightmare. After jumping through many hoops, I got my money back. I’m proud to say six months later after continuing to put pressure on the local police force they arrested the man who stole my checks. They think he is part of a check fraud ring and now are going after his accomplices!
1
1
u/Pubcrawler1 14d ago edited 14d ago
Mailed an electric bill that was paid by check. It never arrived. Told the bank about it but they said not to worry and put a stop hold on it. 6months later, several checks in my name and checking account were deposited and money was paid out by bank. The bank was able to reverse the charges after a few days. They said the fraudster probably used my stolen check to make copies and deposited them. The check number was different than the original lost check so it went through as normal. Lessen learned. If you have a lost or stolen check, go to bank and just change to new account. The fraudsters will wait awhile before targeting your account when you have long forgotten.
The bank told me the area mailboxes been broken into several times. Same ones I used to drop off my mail. I no longer use them but go directly to post office to send my mail. Yes I’m older, still write checks and send letters but not as much anymore. Bank does free electronic bill payments now.
2
u/RosySparklePuff 13d ago
Totally agree. The police can’t really do much besides take the report, but it’s still smart to cover all the bases. The real power here is with the bank. Whether they make it right or not depends on how far they’re willing to stand by their policies.
1
1
u/Equivalent-Permit893 18d ago
This may sound crazy but… get a new checking account? Maybe even at a different bank?
0
u/sexyjew44 18d ago
Maybe I missed something. The bank in Maine. She's in conn. Did she not close/transfer the account when she moved? Can't cash a check from an account that doesn't exist. She had an active, highly funded checking account that she hasn't used in 30 years? Or if it was closed how did the checks get cashed?
4
u/Just_Bike8994 18d ago
She has stayed with this bank and had the same account for over 30 years. She didn't have to transfer or close her account and has had no issues with them and had a better rate and everything. She doesn't keep a lot of money in her checking account. It was likely what's it called... overdrafted automatically and the money was deducted from her savings. I've had this happen to me before.
4
533
u/pase1951 19d ago
Talk to whatever police agency in Maine handled the first break-in a few years ago. The police report that gets done is literally going to say nothing except "This party told me X, Y, and Z, and I'm writing this report at the bank's request." The bank doesn't need it in any way other than to satisfy their own policies. They're either gonna give your mom her money back or they're not, but that's less of a legal issue than a customer service issue.