If someone cashed a check that was under my name, isn’t it an obligation for the store or bank to ask for ID?
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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 9 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.
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