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I had a from my bank check sent to my address
that never arrived. When I spoke with them
they said the check was cashed at a gas
station. Can I sue the gas station for
cashing a check without proper
identification? I understand the criminal
issue of fraud with whomever the individual
was who stole it, but is the business itself
liable for cashing it without my
identification? Especially it being from an
institution like a bank? They are saying it
was signed with my name, not fraudulently
Asked on August 31, 2017 under Business Law, Georgia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
No, they are most likely not liable. Nowadays, almost no one checks identification before cashing a check; it is no longer considered unreasonably careless, or negligent, to not check identification. You are unlikely to convince a court that the gas station was so negligent as to owe you the money.
Of course, "unlikely" is not the same thing as possible. As long as you are comfortable with the odds being against you and can afford to potentially miss a day from work on the chance of recovering the money, you may wish to sue in small claims court, as your own attorney or "pro se": you will only be risking the filing fee and your time. If you *can* convince a court that what the station did was unreasonable, you could get a judgment against them for the money.
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