ü     Contact your bank/credit union, and advise them of the Forgery.

1. Close the account. Even if the forgers don’t have any more of your checks they have your account information. The technology to reproduce/counterfeit your check is very cheap and easy.

2. Return the check to the bank. The original check needs to be returned to your bank as soon as possible so that it can be returned to merchant who accepted it as a Collection Item. The merchant/business that accepts the forged check should be the one who suffers the loss, and therefore file the Forgery report. (You file a Theft report to document the loss/theft of your checks; the merchant files the Forgery report.) If the merchant doesn’t get the check, they don’t have to return the money.

3. Sign Forgery Affidavits. You must sign Forgery Affidavits and forward them to any merchant who contacts you. The merchant must have a Forgery Affidavit before he can file a police report. If you fail to provide it, his only criminal and civil recourse is against you, the account holder. Each check is a separate offense, and therefore requires a separate affidavit; blanket affidavits are unacceptable.

ü                          Write a letter to the merchants/businesses who accepted the check(s):

When a merchant receives the check as a collection item he will approach this like any other ‘hot check’. The merchant should attempt to contact you, usually by certified mail. When you receive his letter/phone call, respond with a letter of explanation.     

            EXAMPLE:

The above letter does several things. It responds to their letter of demand, and it adds credibility to your claim that the check is a Forgery. Attach a Forgery Affidavit and, if possible, a copy of the offense report. The merchant must have the original check and a Forgery Affidavit in order to file a Forgery report.

ü     Contact/Write the Credit Bureaus and Check Confirmation Businesses:

Send them a letter explaining what happened, and give them your offense report number. If your TDL was used, include this information.

* * * NOTE * * *  

ü      Finally, maintain a file on all checks, to include whom you spoke to, when, contact person, a copy of each affidavit, etc.

Should you require addition information, please contact the Harris County Sheriff’s Department, Forgery Section, at 713-967-5770.

DETECTIVES   R. J. GRADNEY   &   P. B. WALKER

Article written by Harris County Sheriff’s Deputy Ron Cunningham, Cypresswood Substation, and used with his permission.