Legal Question in Criminal Law in Rhode Island

Person A gives person B a counterfeit check "not knowing it was counterfeit" and person B deposits it in their bank account and gets the cash out after 3 days.Then the bank realizes the check is counterfeit. Who is liable to pay the bank back the money? Is it person A who's name was on the check or is it person B who second endorsed it and deposited it in their account. This happen in the state of Rhode Island. Thank You


Asked on 5/06/10, 5:51 am

1 Answer from Attorneys

Staff General Counsel LawyersCollaborative

Based on the limited information presented, the person who has the account relationship with the bank (in the question, person B) is liable to the bank. But person A may be obligated to reimburse person B.

The bank acts only as a collection agent for its account holder; that is, the bank makes the funds available to its account holder as a courtesy, subject to collection. If the check is dishonored for almost any reason (with certain exceptions not applicable based on the question), the bank generally has the right to recover the funds from its account holder.

This is why it is imperative to be very careful when someone asks you to deposit a check to your account, and why so many scams rely on such tactics.

For future reference, you want the bank to let you know in writing once the funds have been irrevocably collected.

Best,

Scott Summer, Staff General Counsel

Note:� The above information does not constitute legal advice. Unless a written Collaborative Representation Agreement has been signed, neither LawyersCollaborative nor any of its Staff General Counsel is your legal representative.

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Answered on 5/12/10, 11:11 am


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