Legal Question in Banking Law in New York

2 checks were sent to my old home or record from my bank. My mom still lives there and I was aware that she had possession of the checks, and 1 day when I got in trouble and needed to get bailed out, I instructed her to cash 1 of the 2 checks and bail me out. The checks were $7,000.00 and $5500.00 .

So I get out of jail, and ask my mom for my check and the remainder of the money. She then stops speaking to me completely for weeks. I call the cops and tell them. After a few months they say they are unable to press charges because she gave them a receipt for the bail bondsman ($1000), and she had signed her own name (not my name) on the checks. So they said there was no fraud and they said since there was some type of agreement between us , where i agreed to allow her to cash 1 of the checks.

Is there anything I can do? Im out 11.5k because of what may have been a bank error, so Im ready to pursue this.

Asked on 6/02/19, 6:00 am

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

The bank is not liable for any mistake. This is a civil action a NOT a criminal matter. The only claim that you have is a civil suite against your mother to recovery your money pursuant to a claim for breach of contract. See a lawyer for further legal advice.

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Answered on 6/02/19, 6:05 am
Richard Bryan Richard Bryan Attorney PC

I don’t know how your mother managed to cash those checks by signing her name on the back and not yours. That’s very strange. Did you go to the bank? What did they say?

I would file a complaint against the bank with the state and federal regulators.

The bank is not going to do anything anyway even if they made a mistake. And the police aren’t going to do anything either since they already told you that. Your only recourse is to sue your mother.

Good luck

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Answered on 6/02/19, 11:37 am

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