What to do if my bank took money out of my account from a check that had already cleared the insurer and now they won’t put the money back?

I have been receiving insurance checks on behalf of my mother due to her house catching on fire. I have been depositing the checks after the insurance company endorses them. I accidentally deposited a check without the insurance adjusters endorsement. The check cleared but my bank took the money out of my account a week or so later after they noticed/was told the check was missing an endorsement. They want the insurance adjuster to fill out some paperwork saying I deposited the check into my account fraudulently. The insurance adjusters won’t do that because they say there was no fraud.

Asked on August 17, 2012 under Bankruptcy Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to resolve the check situation with your bank is to sit down and have a face to face meeting about it with the bank's manager to resolve it. If that does not resolve the matter to your satisfaction then you need to consult with an attorney that practices in the area of consumer law to see what you legal options are.


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