Legal Question in Business Law in California

mail check

I mailed a check to the wrong address and the person living at the address signed and cash the check. Do I have any legal recourse to that person to repay me the amount?


Asked on 1/24/08, 11:35 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: mail check

You should report this matter to your bank. I assume you use a New York bank, and I don't know how they will respond and handle this case, but in California most banks have check-fraud investigation departments. They will have you make a written report, which must be notarized as an affidavit under penalty of perjury. In most cases, the bank will investigate and then refund your loss.

The bank will not make a refund if it believes you were at least partially at fault, such as leaving the name of the payee blank, or if it cannot verify the amount of your loss.

Whether mailing to the wrong address will disqualify you I don't know, but I believe working with the bank is your best approach. Trying to sue the person who received the check by yourself, or trying to get him arrested yourself, may be an unnecessary waste of time for you.

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Answered on 1/24/08, 12:41 pm


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