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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114099
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In 2012 we sent a $6,000 check to our management company. We

Customer Question

In 2012 we sent a $6,000 check to our management company. We just found out about 4 months ago that the check was cashed at a Bank of America and $6,00 was deducted from my Wells Fargo account. the payee of the check to GGP (General Growth Properties) was altered to GOP. Neither B of A or Wells Fargo will take responsibility. There should have been a red flag especially to WF because other checks payable to GGP have been cashed through WF.
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No. I don't know what type of lawyer to consult with?
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?
Customer: I filed a claim through WF and they sent it to B of A who stated that the statue of limitations was in effect and any check from 2012 was not going to be considered
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I have had multiple bank claims and the bank's liability is limited under the Uniform Commercial Code, so these cases are difficult. If the account holder does not check their accounts, the banks are not liable for fraud if a complaint was not filed with the bank within 60 days (some banks have a 90 day limit in their account agreement) of the check being cashed. So if this is from 2012, the bank is not going to be liable because you as the account holder were liable for checking and reconciling your account in a timely manner I am afraid. You are now 4 years or so later and the bank is not liable for something that has happened that long ago and you would have to try to find the actual person who altered the check and sue them for any fraud.