Posted by Deb_AL on 12/5/06 6:57pm
Msg #164100

Check Theft in CA

I recently called a company because I had not received a check for a couple of signings done in October. I had received other checks from this same company. When they looked, they stated I cashed the check on 10/30. I asked for a copy which I received. The name on the back of the check is definitely not mine although the check had my name and address on the front. I reported it to the local Police Department who tracked the check back and reported it was cashed in CA at the Bank of America. The check was mailed on the 26th and cashed on the 27th. I called the Bank of America and they said they are not responsible and I would have to contact the Union Bank of CA (the Title Company's Bank). I cannot find a good number and currently waiting on the local police dept investigator to call me back to see if he can track down a number. My question is: has this happened to anyone and who is responsible. I would think Bank of America would be since they cashed it without my name being on the back and without ID. The title company called this evening and said their legal department told them not to discuss it with me anymore. Sounds like something is going on. Since both banks and the company are located in CA and I'm in AL, I'm not sure who else to contact. It is not the money as much as the principal that it seems all three of these located in CA will not accept responsibility and they are letting someone get away with theft. Any suggestions?

Reply by Ernest__CT on 12/5/06 7:09pm
Msg #164108

Huh? The Bank of America cashed they check and they are claiming not to be responsible?!r Since when?r If they cashed they check without asking for ID (or even if they deposited it to an account), then they owe you the money. They're called "the holder in due course".

Does the signature look like your name or someone else's? In other words, did somebody forge your name or could it have possibly gotten mixed in with a bunch of checks being deposited?

Reply by ZeeCA on 12/5/06 7:11pm
Msg #164110

my suggestion is to call your own bank & ask for their opin n/m

Reply by LkArrowhd/CA on 12/5/06 7:17pm
Msg #164114

Re: Check Theft in CA Deb I'm wondering if another notary

perhaps got several checks in a day, deposited them not paying close attention, did they sign your name or another name when they endorsed the check?

Reply by LkArrowhd/CA on 12/5/06 7:20pm
Msg #164115

Re: Check Theft in CA-I'm sorry I missed that you said

the name signed on back was not yours, it seems to me that should be the bank's error. Signature on back doesn't match front??????

Reply by BarbaraL_CA on 12/5/06 7:30pm
Msg #164118

...about endorsement matching or not matching name on front

Many crooks know how to easily remove the ink on checks, often by “washing” them with a cleaning solvent. They also will alter what’s already been written, such as by changing a check payable to Jane Smith to be payable to Susie Jones.

Reply by ZeeCA on 12/5/06 7:28pm
Msg #164117

basically, they won't talk to you cuz they have contacted

their attorneys and now they are in charge of it .....

the attorneys told them to shut up and give you that canned speech/reply while the attorneys shuffle thru all the layers....

called cya..........

Reply by Deb_AL on 12/5/06 7:54pm
Msg #164126

Re: basically, they won't talk to you cuz they have contacted

I agree! It seems the check was cashed but who is to say it ever left the building. Not saying they are lying but basically they say, we paid and someone cashed so it is not our responsibility. It looks like Ggoney written one letter at a time. Not even a signature. I really see it as Bank of America's fault but I was going to call the Union Bank of CA. However, the company says they don't have access to that info. I mean, it is the bank they do business with. How can they not have access. All I asked for was a phone number - I was going to call myself. I am going to continue to pursue it just because it could happen again to me or to anyone here. Thanks for everyone's opinion.

Reply by Ernest__CT on 12/5/06 7:56pm
Msg #164129

Good luck! Please keep us posted! n/m

Reply by Ernest__CT on 12/5/06 7:33pm
Msg #164119

Thoughts on bookkeeping

I keep an Excel workbook for Notary work, including one spreadsheet for signings (and other Notary work) and one for checks being deposited.

When a check arrives, I note the arrival date in the signings spreadsheet and calculate the time it took to get paid. (It makes life very convenient when asked for favors. If I can say "Gee, it took you 93 days to pay me for the last signing I did for you, ...." then there's no room for the caller to ask for a favor, is there?r) Because I would not find an appointment to match a check that was intended for someone else, a red flag would go up immediately.

The spreadsheet for checks helps me add the amounts being deposited and keep track of when it will be worthwhile to make the trip to the bank.

I also photocopy each check I receive. (I know, it's overkill.) If I lose data on the PC, I've got a backup. Also, it gives me all the information on the check. If the name on the confirmation says "Joe's Escrow Service" and the check says "Pete's Title Company", then I've got a cross-reference in case anything strange goes on....

Reply by NCLisa on 12/5/06 7:54pm
Msg #164124

Sounds like the check was never actually mailed out. I'd say that someone that works for the TC cashed your check and probably a few others. They know you didn't cash that check, and they know by now, someone at their company is committing fraud. I'd send them another invoice, and then have your attorney take over.

Reply by Deb_AL on 12/5/06 7:57pm
Msg #164131

Lisa, that is what our police investigator thinks too but there is no way of proving it. They said either that or someone at the post office. Didn't have time to make it to anyone's address. THanks

Reply by Deborah Manley on 12/5/06 9:31pm
Msg #164150

Here is the website address for Union Bank. Looks like you put in the zip code (that of the issuing company) and it should give you contact numbers.
https://www.uboc.com/uboc/home/home.html

Reply by jojodatura on 12/6/06 12:38am
Msg #164178

Hi, here is an 800 # for Union Bank, 800-238-4486. It is automated, but as I recall, you can press 0 to speak to a human. My daughter worked for a bank for 2 years and I can tell you, it is BofA's responsiblity to check the ID of the person cashing the check. Do you have an account with BofA. In my experience, they want promise of a first born child to cash a check at our local branch!

Reply by Gary_CA on 12/6/06 12:59am
Msg #164181

What BofA knows and when they knew it...

Of course, they're not going to want to devote much energy to a couple hundred bucks worth of checks, but think about this for a minute.

1) There's a date/time/teller stamp on the back of that check, they know exactly who received it.

2) If it was deposited they know who's account it went into.

3) Either the person presenting it was a customer and they wrote his account number on the check OR they made him put a thumb print on it.

4) They may not keep them forever, and may not have October's now... but if they have a date time stamp, they could check video for that day/time.

What the Title Company knows:

With very little effort they can do a quick check to see if that same signature is on other check they issued at that time as well, if so, they know it's in house.

Keep at 'em: both banks, the TC, the police and the postal inspector. Be a squeaky wheel.

By the way, your home owner's (or renter's) insurance may have some forgery coverage that might possible apply.

Reply by Deb_AL on 12/6/06 6:52am
Msg #164191

Re: What BofA knows and when they knew it...

Thanks all. I did see the email link from Union Bank of CA yesterday and received a response last night. They said the title company has to contact their teleservices department to file a claim since I do not have an acct there. I sent the email to the TItle Company and I will just wait and see for a couple of days. THey made it clear yesterday their legal dept so not to do anything which is not right. I also filed a report with the US Postal Inspector. Gary, there is not an account number or the back and I also do not see a thumb print (don't know if it would be visible). THe BofA said it was up to the teller's discretion whether ID was asked for. So yes, I would think the teller knows who cashed it if he/she did not use enough discretion to ask for anything. There is a BofA in TN which is about a 50 mile drive from here. Maybe I should take a drive up there!

Reply by Genkichan on 12/6/06 8:35am
Msg #164211

Re: What BofA knows and when they knew it...

This might seem like a PITA, but I would recommend filing a small claims action against BOA in California...the branch that cashed the check. Once they are named, or possibly even threatened to be named, chances are pretty good that they will settle up with you. This is DEFINITELY BOA's mistake and their problem. They need to compensate you, since they cashed a check for the wrong person. I would present them with a letter, evidence, and the appropirate county's small claims forms "filled out but not yet filed", and in the letter tell them that you will file within 10 days if they do not compensate you for their error. Tell them where to send you your money. Then go ahead and file it if necessary after the 10 days, and send them another notice of the filing. Even if you are not in CA, I'm willing to bet the bank would settle with you before the court date. By then they also have to pay your court filing fee, plus accured interest on the amount owed. (remind them of that in your first letter, too). THEY KNOW it's their mistake. You just have to force them to admit it and pay up. Calling a bunch of people will not yield results. You have to take action to collect from the responsible party, in this case BOA. You might also try calling BOA headquarters somewhere and getting higher powers involved. Good luck!

Reply by Deb_AL on 12/6/06 10:40am
Msg #164253

Re: What BofA knows and when they knew it...

Thanks. I will try that.

Reply by Genkichan on 12/6/06 2:44pm
Msg #164320

Re: What BofA knows and when they knew it...

PS -- don' t worry about not being in CA, either. In your initial letter giving them 10 days, also just tell them that you will hire an CA attorney to represent you in small claims court, if necessary, and also remind them that they will be responsible for your attorney's fees when you prevail. Your argument is regardless of where the check got lost (ie at the title co, or in the mail), it is still a bank's responsibility to verify ID and signatures when cashing a check.

I'm not a lawyer (my disclaimer), but I have successfully sued in small claims court twice in the past, and collected (eventually). Small claims is actually really great. It's cut and dry. Prove your case with clear evidence and you win. Not a lot of hassle, actually. IMO, your situation sounds pretty easy to prove fault. And collecting from BOA? How hard can that be? Where they gonna run to? ;-) Besides that, it will be much cheaper for BOA to give you the few $$$ that you are owed in the first place, rather than spin their wheels sending their own lawyers into a court room when they know they're gonna lose. Make your letter to BOA clear, sharp, and pointed (and professional). Good luck!

Reply by MikeC/NY on 12/6/06 6:04pm
Msg #164388

Was the check deposited or cashed?

If you're depositing a check, I don't think you actually have to sign it - it's OK to write "For Deposit Only" and your account number. Businesses do that all the time with their deposits - no one actually endorses those check with a signature. If there's any question, the bank knows what account it went to.

If the check was cashed, I'm pretty sure it's the bank's responsibility to identify the person cashing the check. After all, the check says "Pay to the order of", not "Pay to bearer". If someone signed with your name, it could be forgery; that raises the question of whether a teller is qualified to confirm a signature before cashing a check. Unless the teller personally knows the individual, they should ask for ID (that sounds oddly familiar, doesn't it?).

On the other hand, if someone endorsed the check with a name other than the name on the front of the check, it could very well be negligence on the bank's part. Again, the check says "Pay to the order of". Your name is on the check, they paid someone else without your express permission, so they're on the hook. This is probably why many banks refuse to cash third-party or cross-endorsed checks - too much liability.

Stick to your guns, even if it's a small amount. If they stonewall you, file a complaint with the agency that regulates banking in that state, and to the federal agancy if necessary.