My checkbook was stolen and the theif wrote a bogus check, basically signing it and writing down a fake SSN and phone#. It is Food Lion policy to check ID's on all checks. The amount is $135 and my bank has already agreed to pay me back. Because of this I had to close my account and open a new one. I am in the process of rerouting all my automatic deposits and withdrawals and had to file a police report in case a bunch of bogus checks are returned to me. Can I at least file papers and hope to settle out of court or am I barking up a tree that will eventually fall down on top of me?
2007-09-06 06:21:50 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You have no recourse. Technically, you are partially to blame since YOU lost YOUR checkbook. Stolen or not, the safe keeping of it is YOUR responsibility. Food Lion is going to lose the money on this one, you have no damages.
Judge LawGunGuy says your civil action fails for failure to state damages.
2007-09-06 06:29:18 · answer #1 · answered by LawGunGuy 3 · 2⤊ 0⤋
You're barking up the wrong tree. You are getting your money back and most likely the employee has been in trouble if not fired. You cannot expect a cashier as a low wage employee to be able to play police and FBI agent and everything else. You ask, they show, you write it down, and as much you'd like to ream them.....they can't be expected to do what our own law enforcement can't do for every person comming through their line with nothing but a cash register to work with.
Heck I've worked at places and got in trouble for counterfit money. Hey...they are there....but they don't tell you how to tell if it is or not.....they don't want to invest in the pen.....and somehow we are supposed to be held totally responsible? I mean go after the person who stole your checkbook and wrote the bogus checks. Not to mention keeping a closer eye on your own belongings instead of blaming everyone else down the line.
2007-09-06 06:38:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No. Just because it's a store's policy to check ID's, they don't have to. The signature on the check is all that's needed for someone to accept it and if the theif forged it, they are the one who should be sued. The store can not be expected to be handwriting experts and it's not required by law to check ID's.
2007-09-06 06:27:05 · answer #3 · answered by Eisbär 7 · 2⤊ 0⤋
You got your $135 back, so you can't sue Food Lion for that. Closing your checking account, etc, is irrelevant since you would have had to do that anyway.
2007-09-06 06:31:44 · answer #4 · answered by Brian A 7 · 1⤊ 0⤋
Your bank is responsible for any fraud related losses to your account which is why they've already agreed to compensate you.
The bank may have a cause of action against the store for not performing due dilligence before accepting a check, but unfortunately you don't.
2007-09-06 06:32:20 · answer #5 · answered by Anonymous · 0⤊ 1⤋
I quess not by looking at the other posts.I would talk to the manager of Food Lion just so he can ask his employees to try and be more careful in the future.
2007-09-06 06:57:40 · answer #6 · answered by Marilyn T 7 · 1⤊ 0⤋
No, you can't, you were reimbursed all the way, why would you want to sue, your the one that was careless with your checkbook. People always want easy money by suing , I think it is good if you have a a good reason , but just to sue to get easy money is not right.
2007-09-06 06:29:13 · answer #7 · answered by Anonymous · 2⤊ 0⤋
No
Food Lion is already out the $135.00 in groceries so they paid for their mistake.
2007-09-06 06:41:16 · answer #8 · answered by Helpfulhannah 7 · 0⤊ 0⤋
Food Lion is victim here too.
2007-09-06 06:25:57 · answer #9 · answered by Anonymous · 2⤊ 0⤋
What damages have you incurred by food Lion?
2007-09-06 06:26:42 · answer #10 · answered by Anonymous · 2⤊ 0⤋