[amp2u]

I am an Registered Nurse and when I did not receive my payroll check from one company I work for I called to inform them, which turned out that it had been cashed 2 days prior. I was then notified by my employer that it was between me and the bank who cashed the check. So I called the bank, they took my info, called back and said that it was out of their hands because it was stolen BEFORE it was cashed by them! (Go figure!) I told them that I was filing a police report and calling my lawyer. When I asked them this: "So what you are telling me is that you cashed my payroll check and gave the money to someone who had no proper ID and now it is out of your hands?" He stated that the system does have some breaks in it or else there would not be fraud to start with. My question is ....why would the bank NOT be liable? 'And what advice can you please give me. Thank you very much in advance.

[aaron]

The best person to explain any potential causes of action under which the bank might be liabile, or why the bank is not liable, is your lawyer.

The bank should be able to figure out from its records where the bank was cashed, and whether there are surveillance videos which show the transaction. You should try to make sure that any surveillance tapes are preserved for the police.

[amp2u]

Thank you for your advice. After I called the Corporate office of the bank today, things seemed to get moving better. The police are requesting the surveillence and a copy of the check from the bank.
So hopefully now I can find out something more definite. Thanx again.