Most states have a statute of limitations or a time limit within which you must file a lawsuit against a bank for processing counterfeit checks. As a rule, the time limit for taking legal action begins on the day the depositor asks the bank to refund the amount of the forged cheques. Depending on the State, the applicant has one or two years to file his claim. (3) JURISDICTION OVER ASSETS: A court may issue a pre-trial injunction or take any other action necessary to ensure that bank accounts or other property held by the defendant in the United States are available to enforce a judgment rendered under this section. In other words, if there is visible evidence of a change, a bank or owner could not claim not to be aware of the change. If someone issued you a fake cheque and you deposited it into your account, the bank can later cancel the deposit and withdraw the money if they find that the cheque was fraudulent. In this case, depending on the laws of your state and the circumstances of the deposit, you may not be out of luck. Be especially wary of those who intentionally write you a cheque for more than they owe and ask you to refund the difference. This can be a doubly expensive scam as you receive a fraudulent check and also give away your own money.
A national bank usually has to compensate customers for fake checks drawn on its account, the U.S. Treasury Department said. Banks should put in place measures to detect counterfeits and recognize their customers` signatures. Therefore, a fake check paid by a bank is considered a mistake of the bank and is considered responsible for returning the money to its rightful owner. (II) a foreign country under a mutual legal assistance treaty, multilateral agreement or other international law enforcement assistance agreement, provided that such requests are in accordance with the Attorney General`s policies and procedures. In good faith and without realizing it, a person who accepts a cheque of modified value may assert his rights with respect to the cheque in its original state.
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