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What do i do about a loan check, received in the mail, being cashed by someone other than myself?

Personal Finance & Money Asked on April 5, 2021

I don’t know how to resolve this with my name upheld and all monies intact. I recently was approved for a small personal loan. This is the first time I’ve ever gotten a loan.

I received a check for $1210.00 in the mail. I first tried cashing it at a Walmart. They turned me away because, according to them, there was too much print on back and no room left for their seal. I then took it to a check cashing company. A copy of my State ID and check was then made. I was told to come back after 2pm the following day due to the bank was closed and it couldn’t be verified. I returned at the recommended time. Now it was a different employee. She refused to cash it stating, "this ain’t real. You need to get out!". I then called the finance company, explaining what happened. They had me bring that signed check into their office and would print/write me a new one that I could cash at their bank. I did just that and had no problem cashing it.

I get a call on Saturday from the loan place. They are showing in their computer two accounts in my name. One was obviously the check cashed at their bank. The other was for the original check. I did not deposit that check!

How can I prove it wasnt me and push for a fraud investigation, check fraud, bank fraud, identity theft? Will this stay on my credit now? Could the check cashing place do a deposit online and pretend to be me?

One Answer

For a check to be honored it must be endorsed by the payee. That means for your original check to be negotiable, the payee (you) had to have signed it. Did you sign it? If so, then it became negotiable and cashable at that point. In the old days ANYBODY could cash a negotiable instrument legally. However, in our new totalitarian world the rule is that only the payee may cash a check. Therefore, the first steps would be:

(1) Ask for a copy of the original check

(2) Find out who cashed the check. When the check was cashed, it will have a bank ABA number and account number into which the money was deposited. If that account is not owned by you, then the check was cashed improperly and the bank that did so will have to refund the money to the remitter.

A bigger question might be: why would someone other than you have the original check? If you had signed the original check, then before you returned it to the originator, you should have voided the check by writing "VOID" in big letters on the front. Did you not do this? Handing a signed check to somebody is like handing them a $1000 bill.

Correct answer by Five Bagger on April 5, 2021

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