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Can I sue for someone cashing my check?

Riverside, CA |

I wrote an $8k check to a person to install custom cabinets in my kitchen. Before the project started, I asked for a refund since it was taking too long but he said he gave the money to the cabinet maker, 2 1/2 months later, the cabinet maker doesn't install b/c he doesn't have payment. I checked to copy of the check and the person I made it to, didn't cash it. It was endorsed by a completely different person that has a wells fargo account. Can I press charges or get my bank to help me get the money back? Right now I am out $8k but no one is claiming to have my money.
Is it legal for her to cash my check w/o it being endorsed by the guy I paid? Is it legal if they have a joint account? Can I file a police report? What are my legal options? Is there a statute of limitations on check fraud?

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Attorney answers 1


It may be endorsed by an officer of corporation or an agent would is permissible but they are pretty lenient if the person depositing it is authorized. Your best case is against the cabinet maker for breach of contract.

This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.