Driver's License and University Financial Aid Refund Check Stolen and Cashed

McAlpine · #1 03-22-2009, 04:38 PM

My question involves criminal law for the state of: West Virginia

I have an issue that occurred when I didn't realize that I had a refund check to pick up at my university's cashier's office so they mailed it to my house. The check was in the amount of $2,177

Right before I found out that the check was mailed, I realized that my driver's license was missing.

To make a long story short, someone (and I have a pretty good idea of who) got the check from my mail and stole my license and went through the drive-thru of a BB&T bank and CASHED the entire $2,177.

I just got copies (front & back) of the endorsed check where this person forged my signature (although did a terrible job). My license # and DOB were written on the front of the check by the bank. The check was issued from BB&T bank as well.

Other details:
I never have had an account at a BB&T bank

This issue is just over a month old because I didn't realize that I had a refund and when I found out, it took 2 weeks for the university to get the details on the check after I had asked to put a stop payment on it when I knew it wasn't in my possession. Will there still be evidence on a drive-thru camera dating back a little over a month?
Is there any legal action I can take against the bank for allowing this to happen?

aaron · #2 03-22-2009, 10:41 PM

What you do is you go to the police, report the theft of your driver's license and check, and tell them who you believe the culprit is. If you're lucky, they'll get a nice video of your culprit from the bank, showing him cashing your check. We have no way of knowing why you're stalling but yes, obviously, if you keep sitting on your hands any video evidence may end up being lost. And you'll have no one to blame but yourself.

McAlpine · #3 03-23-2009, 09:27 AM

I'm not stalling. I didn't realize the check was mailed to my house until 2 weeks after the fact. It was mailed out on Wednesday, February 4th... I found this out on Wednesday, February 18th. I asked the cashier's office to put a stop payment on the check on Thursday February 19th after a thorough check of my house. They said they would call. I took a trip to Huntington, WV for 4 days (Monday the 23rd thru Thursday the 26th) ... no phone call during this time. I go back to the cashier's office on Friday, February 27th and they tell me that they are still waiting to hear from the bank. I go back on Thursday March 5th and they tell me that I would have a new check to pick up on the following Wednesday (March the 11th). So I relax a little, thinking everything is fine. I go in on Thursday morning on the 12th and they tell me that they just got their February statement from their bank and it shows my check clearing on Friday, February 13th. Now they are going to request a copy, front and back of the endorsed check to give to me to take to the police. I was told that this takes a day or two. Friday comes around... Monday comes around... nothing. I call Monday afternoon and they tell me to call and check with them Tuesday afternoon. I decided to not wait around on those fools and went to the local state police station only to wait an hour for someone to see me and tell me to come back to fill out the report when I get the copy of the check from the University....

I get a call Tuesday (the 17th) around noon and get informed that they have the copy. I go and get the copy and call the officer who asked me to call when I got the copy and he said he can sit down with me this Tuesday the 24th to take my report.

This brings me to today... waiting for tomorrow. I am not sitting on my hands... I am just being dicked around, as usual, during this time-sensitive issue. Just like last time when my credit cards were stolen and jacked for $2000 10 months ago and the police did NOTHING because it was in 3 different counties in 2 states.