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What do I do about a stolen and cashed paycheck? Is there any way to get that money back? Who is liable?

Warner Robins, GA |

I just found out (after receiving an unexpected W-2) that I was issued an unexpected rather large paycheck on 8/7/2012, supposedly mailed to my home. Per my employer the check was cashed on 8/9/2012, possibly in South Carolina from the bank name that cashed it. It was endorsed with my first and last name but a different middle name. The check was made out to me but didn't include my middle name. My name is somewhat common.

Attorney Answers 1


  1. You need to file a police report in town where you live ( for theft of check and forgery). Also probably file with the US postal inspector since check was stolen from the mail. Ask your employer to get you a copy of front and back of check. You need to sign a Forgery Affidavit so that your employer can give that to his bank and get the money back into his account. Then he should issue a replacement check to you. Act quickly since 6 months have passed. A form of Forgery Affidavit can be found on Internet by google or on FTC website.

    Answering a question through the AVVO forum does not create an attorney-client relationship, nor does any followup email. Do not send any confidential information as any right you have to confidentiality is waived (given up) when you post it through AVVO or send it by email. John Fason customarily does not agree to an attorney-client relationship unless there is a written contract describing the representation.

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