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Family member (brother) mistakenly took a check that was made

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Family member (brother) mistakenly took a check that was made out to me, and deposited into his bank account. The check was made out to my name, and the back of the check was not signed. The bank accepted the check and deposited it to my brothers account.

My brother used the money, so he can not repay me now. Can I go to his bank and request the money be returned to me? And if so, what course of action can the bank take against my brother? Is the bank at fault for not checking the name on the check, as well as the back of the check not being signed?

BizAttorney :

Good evening! I can help you out with your legal question tonight. Yes, you can demand the bank repay you for your check. This will open up many criminal charges however, against your brother. It is a felony to commit check fraud in Virginia, so he could be looking at paying heft fines and/or jail time. The bank ultimately will pay for the check, but it will then go after your brother and will notify the authorities.

BizAttorney :

Worst case scenario, have to bring a suit against the bank for negligence.

BizAttorney :

Basically you would allege the bank was negligent since they cashed a check that was not made out to the correct person.

Customer:

That's what I was afraid of in terms of the bank going after my brother.

BizAttorney :

Yes, it is very serious, even when it is one check.

Customer:

So I really have no way around the situation. Either have the bank return my money and have them take legal actions against my brother, or try and settle it with my brother without involving his bank.

BizAttorney :

Yes, you are exactly correct.

Customer:

Do you know if there is a set guideline as to how the bank will go after my brother, what actions they will take? Or is it up to the bank, and each individual situation that will determine what they do to my brother. In other words, if the bank works out a payment plan of some sort with my brother then I will pursue getting the money back from the bank. If however the bank will take serious measures (ie: jailtime) then I wouldn't push foward with it.

BizAttorney :

Yes, the bank will contact the check fraud division run by the state and then just provide the state with copies of the check etc. It will be in the hands of the state and not the bank once reported.

Customer:

Ah ok, that's what I was afraid of. Thanks for the info, that answers my question.

BizAttorney :

You are very welcome! Have a good night and please leave me feedback before you go. Take care!

Customer:

Definitely

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