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    Emmand's Avatar
    Emmand Posts: 2, Reputation: 1
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    #1

    Jan 17, 2012, 01:30 PM
    Statute of limitations in Florida on personal check bank fraud?
    Someone fraudlently forged my signature and the bank paid the amount without checking for my signature card . What is the statue of limitation to bring action against the bank
    Emmand's Avatar
    Emmand Posts: 2, Reputation: 1
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    #2

    Jan 17, 2012, 01:38 PM
    Check fraud
    A bank in Florida, actually wachovia before it merged with wells fargo paid out money from my bank account to someone that forged my signature.(there is no contributory negligence on my part). What is the statue of limitation in Florida to bring a court action against the new bank wells fargo
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 17, 2012, 02:21 PM
    Why are you bringing legal acton? Did you bring it to the Bank's attention and they did nothing? Go to your State Banking Commission.

    It's unusual for the Bank not to check, realize it's a forgery and then simply put the money back in oyour account - obviously, of course, after they determine how the other person got the check.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 17, 2012, 02:30 PM
    Was the forgery obvious? How long ago was this? Have you asked the bank for restitution?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jan 17, 2012, 02:53 PM
    Hello E:

    Please don't start new posts as they relate to your old ones...

    Several factors, including the amount of the fraud, will determine the SOL. But, beyond that, the court will ask you WHY you didn't do anything at the time. I'd be interested too. If you KNEW of it, but didn't DO anything about it, you MAY have lost your right to claim it now..

    And, beyond even that, the cops would be a good place to start too. Again, I would ask why you didn't do that.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jan 17, 2012, 03:36 PM
    I have merged the posts.

    Your action when it happened, would have been to report the fraud to the police, take the police report to the bank, and turn it over to the banks fraud department. Once proven a fraud, they return the money to your account.

    The police when the person who did the fraud is found, file charges,
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jan 17, 2012, 04:50 PM
    Your bank provides you a monthly statement for you to reconcile your balance. This is so you can catch errors. If you don't reconcile, then you may lose your claim to recovery.
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