Legal Question in Civil Litigation in Arkansas

A banks responsibility in advising its customer

What is a banks responsibility in advising a customer in a situation regarding their checking acct. with the bank.? Are they legally obligated to advise them in a situation whereby a spouse is writng and forging signatures on checks? Can the bank be held accountable when the advice given turns out to be misleading to the customer?


Asked on 4/16/98, 9:42 am

1 Answer from Attorneys

If you advise the bank that the signature was forged,

and it really was, they should put the money back into your account. They will probably sue the forger to get the money back; they might even bring criminal charges. If you can reach the spouse, have him or her stop the practice right now. Don't ever let it slide that someone forged your signature.

This message is provided to assist you in structuring your thoughtswhen you speak with an attorney about your situation. I am not yourattorney, and you are not my client, so this is not legal advice. Legaladvice can only be given after a careful interview of the client by theattorney, and I have not had the opportunity to understand thesignificant issues that I must understand to render legal advice. Youshould contact an attorney in your state to discuss your situation. Thatattorney can give you the advice that your situation deserves, aftercarefully considering the issues that are legally significant in yoursituation.

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Answered on 5/06/98, 11:19 am


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