If someone cashed a check that was under my name, isn’t it an obligation for the store or bank to ask for ID?

Get Legal Help Today

 Secured with SHA-256 Encryption

If someone cashed a check that was under my name, isn’t it an obligation for the store or bank to ask for ID?

Asked on December 19, 2014 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, it is not--the law does not require checking ID before accepting a check. There are situations where it would be negligent (unreasonably careless) to not check  ID--for example, the check is in a male name, but the person is female; the check is in an obviously Asian name, but the person is caucasion; etc.--and in those situations there might be liability for a failure to check ID. The store also does need to cooperate with you in investigating the theft; and the first thing yiou should do is to tell your bank that the check was cashed by someone else and see if they can stop or reverse it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption