Stolen check

UPDATED: Oct 1, 2022

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Stolen check

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 5 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.

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 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.

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