1. #1
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    jannino's Avatar
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    Cashing someone else's check

    My brother in law was paid in North Carolina for work. He lives in GA. The check was kept by a former coworker and deposited in Oklahoma.

    It was an extra check that he didn't even know he received... that is until he just received a 1099 for it.

    He's got a copy of the check from the company that paid him. It was "signed over" fraudulently, endorsed by someone, and then deposited into an account.

    I'd assume it was endorsed and deposited by the same into their own account.

    What recourse does he have? Does he contact the local authorities where the check was deposited?

    Also, if he were to take civil action because of no luck on the criminal side, where does he file?

    I know I'm gonna regret posting here because of some the answers you goofballs like to give

    Edit: The check is for just over $500
    Last edited by jannino; 02-01-2010 at 04:45 PM.

  2. #2
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    64 views and no help yet?

    Guess I should have posed an idiotic question so I'd get responses.

    Thanks for the help guys.

  3. #3
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    Not really enough information to give much of an opinion. Did the employer give the check to the co-worker? Did the co-worker steal the check? How come he didn't know he was missing a check? I would go after the person who issued the check, if there was some culpability on their part. If not, he is most likely wasting his time. Too many jurisdictions that will not want to get involved for too little money.

  4. #4
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    Quote Originally Posted by ddurkof View Post
    Not really enough information to give much of an opinion. Did the employer give the check to the co-worker? Did the co-worker steal the check? How come he didn't know he was missing a check? I would go after the person who issued the check, if there was some culpability on their part. If not, he is most likely wasting his time. Too many jurisdictions that will not want to get involved for too little money.
    Thanks for pointing those out as I did not think about it hence my posting here.

    They were commission checks.

    Brother didn't think the deal went through so he never knew there was a check issued at all.

    The commission check was kept by the person who was responsible for collecting the checks and handing them out. Basically, they keep traveling.. one person stays behind to ensure everything worked out and to collect the checks. Once, the checks are collected... he meets up with the others in the next town and hands the checks out.

    So no blame on the company who issued the check. The guy kept the check that should have been given to my brother in law. The check was made out solely to my brother in law.

    I figured nobody would care. Should he attempt to file a police report so he can get out of paying taxes on it?

    It's sad that he has to be out the money plus pay taxes on it.

    Thanks.

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    Sent you a PM.
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  6. #6
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    B-I-L needs to contact the employer and tell them he didn't receive the money he was owed. They will probably want an affidavit of forgery - a notarized statement that he didn't endorse the check. If they balk at paying him, that's a matter for the North Carolina Department of Labor’s Wage and Hour Bureau.

    Prosecuting the forgery is a matter for the company that cut the check, they're ultimatly the victim.

  7. #7
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    Quote Originally Posted by Seventy2002 View Post
    B-I-L needs to contact the employer and tell them he didn't receive the money he was owed. They will probably want an affidavit of forgery - a notarized statement that he didn't endorse the check. If they balk at paying him, that's a matter for the North Carolina Department of Labor’s Wage and Hour Bureau.

    Prosecuting the forgery is a matter for the company that cut the check, they're ultimatly the victim.
    That makes sense. I was on the phone also when he contacted the employer... they sent him the deposited check and told him good luck....

    I will have him take notes of the conversation for future reference if needed.

    Also, will any affidavit of forgery work or does it have to be state specific?

  8. #8
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    Did he have a contract that stated a commission check would revert to X if the employee left the company before a commission check was issued?
    Last edited by just joe; 02-02-2010 at 11:13 AM.

  9. #9
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    Crap. A check stolen in NC was forged and cashed in OK. He lives in Georgia? Well. There are so many jurisdictions involved. If the employer re-issues the check to your BIL, then the company would be the victim with regards to the money. However, stealing the check in NC would a felony called larceny of chose in action. He didn't cash it here, so you don't have the other crimes. I don't know what Oklahoma calls the rest of the issue (we could charge obtaining property by false pretense, forgery and uttering, identity theft, etc.)

    However, getting NC to prosecute when neither victim NOR suspect reside here just isn't going to happen. Especially for that amount.

    What a mess!


    I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

  10. #10
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    I'd say realistically all your brother could hope for would be to get out of the $500 1099 income and the 150 or so owed in taxes... IRS would probably want a police report, so...

    Since the forgery occurred in OK, that's the place which would need to take the original report. I'd say that your brother is the victim of the forgery, since the check was a legit one, someone just forged his signature.

    Should be fairly simple if the check is only made out to him, the signature on the back is obviously not his, and the account holder on the deposit account is the co-worker.

    Hopefully the check was deposited in a major OK city. Look up the bank branch address, contact the local police dept and if they're big enough, they'll have a document crimes section. Bounce your question off them, letting them know about the distances involved. $500 is a good amount to you and me but not super-huge when it comes to this... You'll be dealing with states, banks, mail, etc. etc. Might be worth the hassle, might not.

    Can't help you with the civil action but I would think it would have to be filed where the wrong occurred, which is hopefully still where the 'bad guy' lives. Of course you have to know who did it in the first place.... doesn't sound like an easy feat here. Civil courts are usually for residents of the same state, who have disagreements over neighborhood squabbles, business relationships, substandard service, etc -

  11. #11
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    Finding out who to get the police report from was the most confusing part....

    I understand limited resources and more important cases, but this just seems so simple to me. Especially considering the fact, the check was deposited instead of cashed.

    It seems the only chance of recovering any money is try to convince the dealership that it's their responsibility to make sure he was paid...

    It seems the branches are scattered throughout Tulsa, OK.

    Another thing is that if it's forgery the amount should be irrelevant.. wishful thinking on my part, huh.

    Thanks for the help.

    I can't believe that I have nothing better to do than to help him pursue this...

  12. #12
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    He needs to make a police report and complete an affidavit of forgery with the bank. I couldn't tell you how to go about getting the money back.
    I have the heart of a child..................................No really, it is in a jar on my desk.

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    I would think that if the company was using the person who stole the check as an "agent" then he should get the check reissued from them. It is their responsible to make sure that the people that they hire are honest. He most likely did it to more than just one person.

  14. #14
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    Well, ok, read this.

    A couple of months ago I wrote two checks to pay monthly bills. One was written to U.S. Bank for my truck note (almost paid off ) and the other was paid to Verizon Wireless...or so I thought. However, I stuck the wrong checks in the wrong envelopes. Go idiot!

    Verizon was kind enough to promptly send me a letter along with the U.S. Bank check so I called them, paid it over the phone, and there was no detriment to me or my credit.

    U.S. Bank went ahead and deposited the Verizon check (clearly made out to Verizon Wireless and for a lot less than what I owed them) to their account. I ended up calling them, paid the whole truck note over the phone, and incurred no actual penalty to my pocketbook or my credit as a result. They did send me a refund.

    I was left dumbfounded by how a major corporation took it upon itself to deposit a check I had obviously made out to another entity. I asked a civil lawyer I know, and he said the act was actually a violation of the Uniform Commercial Code, yet the violation lacked a penalty. He told me (and why he knew this I don't know) that it happens more frequently than you'd think. I wonder how you'd quantify that.

    Fortunately, I made the Verizon customer service rep's night as she got a good bit of laughter out of the deal.

  15. #15
    Civillian
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    My only guess is that banks assume people/companies aren't stupid enough to deposit another person's check.

    RBC wouldn't cash a check made out to me c/o my company. That was the last issue for me with that bank. I switched the following week.

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