Legal Question in Banking Law in Illinois

Check Clearance and Liability

I wrote a check (approx. $200) to pay a doctor's bill. Mailed it - thought it was over with. Wrong. The doctor's office has come back saying they never received the check. I made copies of my check carbon (I have duplicate checks) and bank statement showing the check had cleared my bank. They still maintained that they hadn't received payment - asked for a copy of the back of the check. Provided that and they now say the endorsement isn't clear and that the bank stamped on the back of the check isn't one of theirs. Who has the burden of proof? I've done everything that I can to prove payment but they're not satisfied and want me to pay again.


Asked on 10/03/01, 1:44 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Check Clearance and Liability

You always have the burden of proof that you paid the bill. It will be up to the doctor to prove that the endorsement is not his.

Your bank may be able to help, however. They may have a form for your doctor to sign, stating under oath that they did not endorse the check in question. If the Doctor signs the affidavit, then your bank may credit your account for the amount of the check, and arrange to charge that amount back from whoever deposited it. You should advise the bank promptly that the doctor claims that the endorsement it not proper.

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Answered on 11/07/01, 6:36 pm


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