check was stolen from mail,cashed 2 weeks after i sent it.following months bill came it was doubled.and late charge. went to my bank to stop payment,was told had to wait 90 days.they never ran the check at that time.if they would have they would have found out it was stolen.so long story short fraud dept. of my bank tells me since chase health advance wont sign a declaration saying they did not cash check that their is nothing more they can do for me.i find that to be insane.question can i file a small claims suitto recover my money?
It seems you’re assuming that the check was stolen.
The more probably scenario is that it was ‘cashed’ by who you sent it to but they applied it to the wrong account.
Since they won’t write/sign the ‘declaration’, they assume the liability. You must go on the offense and demand that they credit your account ASAP (and drop all late charges). You should only be talking with managers or supervisors unless the company has a customer service / arbitration office.
Get proof from the bank that the check was cashed and send them a copy by certified mail.
Legal advice is best suited to IMHO.
General Questions Moderator
The bank should indeed be able to provide you a copy of the front / back of the cashed check. If it shows an endorsement by the payee, that’s part of your proof. Also they should be able to see whose account (Chase/wrong customer, other bank, whatever) it went into with all the new e-check stuff out there.
It seems like there are 3 possible scenarios:
- Truly stolen / cashed by someone else: file fraud charges if you have to but your bank should help with that.
- Went to Chase (or elsewhere), got lost: it won’t have been cashed yet. You’re still “out” that money for now, and I don’t know whether you can put a stop payment on a cashier’s check
- Went to Chase, got cashed, didn’t get credited to you: The check copies you can get from your bank should be usable to prove to Chase that you did pay them
You can, but it is a process that may vary according to the issuer. Basically, you have to wait X numberof days and supply afadavit of loss swearing that the check is truely lost and provide surety bond (in case the check is found and negotiated after being replaced). The bond will usually cost about 10% of the check amount and the cost is borne by the buyer. A bond can usually be purchased from an insurance agent. Then the bank will reissue the check.
Ouch on the bond - do you get any of that back if x days expires and it’s not presented?
I googled “stop payment stolen cashier’s check” and found the following (admittedly 9 years old, some may not be true today): “Either the remitter or payee of the cashier’s check, under UCC §3-312, may complete and sign a written statement that the check is lost…”.
I can see where the OP’s bank is not willing to issue a new check without an affidavit from the payee that they never received it - at least until the 90 day period from that cite has passed.
However, your bank SHOULD be able to produce an electronic copy of the check RIGHT NOW, if it has indeed been cashed. Have they told you whether it’s been presented?
And, an earlier thread on this very topic.
Nope, at leasst not on any I’ve seen. It’s basically an insurance policy. Your “no loss” covers someone else’s loss.