I had a nephew stay with me about a week ago. While he was there I found out (the hard way) that he had stole some checks from me that I keep in my closet.
My question is am I going to have to pay for those checks since they were stolen from my house? Especialy from a family member? I haven’t had a chance to talk to the bank yet becuase its the weekend. I’m thinking since I didn’t sign any of the checks he wrote, that I shouldn’t be held liable.
And yes I am FURRIOUS beyond belief!
First prefer charges with your local police. He needs to learn early that crime doesn’t pay. (No age given). Let him sit in jail or detention and don’t bail him out. It will give him time to think.
Notify your bank of the numbers on the checks. Stopping payment may be expensive . Ask your bank about that.
If he cashes any he can be charged with forgery, another misdemeanor. Prefer charges, etc.
This is not revenge it is education in the hard knocks of life.
If he acts like a criminal treat him as you would any other criminal!
Generally the bank is responsible if it honors checks that don’t have a signature matching the one on file from when you opened the account. Nevertheless, you should notify them with all possible speed of the situation. You may find it advisable or necessary to close the account, as trying to watch for only certain check numbers is problematic.
When anything even close to this happens close the account. If you read your bank agreement I bet dollars to donuts it says you are still liable if the bank cashes a check you stop payment on.
Simply closing the account will stop ANY checks from being cashed period.
Close the account and reopen it and that will solve all the problems. Well Moneywise anyway.
Probably not, but report the theft to your bank ASAP, and follow that (verbal) report with a prompt written confirmation.
I could think up an scenario where you might be responsible (for example, if your nephew were a known thief and you left the checks in plain view), but it’d be a stretch. Good luck.
Disclaimer: Although IAAL, I’m not your lawyer. This is general information and not meant to be legal advice for your particular situation. See a lawyer licensed in your state for that.
Agree, mostly. One thing you said could be misleading, however. You accurately state the general rule, which is found (IIRC) in UCC 4-401. There are a ton of exceptions/defenses, though, both in the UCC and (often) in your bank customer agreement.
Some examples of these: Failure to promptly discover and report the theft/forgery. Customer negligence contributing to the loss. Your employee, who you entrust with check related responsibility, participates in the fraud. (None of these are necessarily complete defenses, and I’m omitting many nuances.)
If you know the numbers of the stolen checks, have them place a “hard stop” against them. The bank may need a copy of a police report. When they’re presented, they will be rejected. If you’re not sure of the numbers, they can do a “soft stop” on the account, in which case, when checks are presented, they call you for confirmation.
YMMV, depending on your bank, but this is how it worked when I was in a bank’s deposit operations department.