New York Affidavit by an Individual in Connection with a Forgery of the Individual's Name to a Check

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Multi-State
Control #:
US-00490BG
Format:
Word; 
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Description

The following form is an affidavit which could be used by an individual to have his/her bank account credited with the amount of a check on affiant's account that had been forged.
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FAQ

A forged endorsement is when someone forges the payee's name in the endorsement section on the back of a check. They may forge the endorsement and use a ID to cash a check from the payee's account at the bank or at a check-cashing facility.

An example is writing and signing a blank check, which is then later stolen and modified to change the amount or payee. Then the person or business that wrote the check would likely be held liable for losses because of their carelessness.

As a consequence, the acceptor who paid to the holder under a forged indorsement had to pay again to the true owner, at the time the forgery was committed, of the instrument, and a drawee could not debit the drawer with the amount of such a pay- ment.

Forgery is a legal term requiring an element of intent to defraud, but in it's simplest definition, a forged signature is a signature that has been determined not to be genuine and that actual fraud was determined.

Forged endorsement is a type of fraudulent payment. For example, someone may write a cheque with a forged signature. In this case the forged signature makes the endorsement fraudulent.

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New York Affidavit by an Individual in Connection with a Forgery of the Individual's Name to a Check