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    dani5866's Avatar
    dani5866 Posts: 1, Reputation: 1
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    #1

    Nov 6, 2011, 12:11 PM
    Can I cash a check sent to by mistake
    A refund check intended for me was sent to someone else by mistake, that person cashed the check,what do I do next
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Nov 6, 2011, 02:48 PM
    Contact the person/company who sent the check to the wrong person and advise them. How do you know the wrong person cashed this particular check?
    ITgeek's Avatar
    ITgeek Posts: 15, Reputation: -3
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    #3

    Nov 6, 2011, 10:28 PM
    Go to the police!! Call the issuer and report you never received it (I'm sure you already did since you know it was cashed); have them track it and prosecute, during this time they will issue you a new check
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Nov 7, 2011, 04:47 AM
    How you know is important here. If this person cashed a check that was made out to someone else, then it is the check issuer who should contact the police. Not you.

    You contact the check issuer and tell them you never received the check and they should issue a new one. If they say that it was cashed, then tell them to get a copy of the returned check. If you did not endorse that check, then they can go after the person who cashed it. And maybe the institution that cashed it. Your only position here is that you did not receive a check you were entitled to.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Nov 7, 2011, 05:51 AM
    Quote Originally Posted by dani5866 View Post
    a refund check intended for me was sent to someone else by mistake, that person cashed the check,what do i do next
    Hello dani:

    You DON'T get involved!

    You didn't get ripped off. The company did. It's a matter between them, the person who cashed the check, and the cops. It does not concern you. Your sole business with the company is your refund. They STILL owe it. I'd be talking to them about WHEN they're going to pay you. If they refuse because THEY got ripped off, sue them.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Nov 7, 2011, 06:11 AM
    There is one gotcha here. The check issuer may claim that you endorsed the check to whoever cashed it. That's why they need a copy of the check. If that copy is endorsed by you, they may claim you did receive it and are trying to pull a fast one on them.

    In that case, you demand a copy of the check to compare signatures. No bank or check cashing place should have accepted a check from a third party without the endorsement of the person the check was issued to.

    So, unless they make this claim, they should issue a new check. If they do make this claim, then you may have to sue them.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #7

    Nov 7, 2011, 06:11 AM
    There is one gotcha here. The check issuer may claim that you endorsed the check to whoever cashed it. That's why they need a copy of the check. If that copy is endorsed by you, they may claim you did receive it and are trying to pull a fast one on them.

    In that case, you demand a copy of the check to compare signatures. No bank or check cashing place should have accepted a check from a third party without the endorsement of the person the check was issued to.

    So, unless they make this claim, they should issue a new check. If they do make this claim, then you may have to sue them.
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