I was waiting for a $14,265 settlement check for almost nine years because my attorney said my healthcare insurance had liens against it. I would check in about once a year to see the status. Well I checked it in Feb. and I was told they issued me a check in June that I cashed in Washington state. I happen to live a 1000 miles away in California. They e-mail ed a copy of the check . It was forged, endorsed then deposited and withdrew without any Fort MacKinley verification from me. Who is liable ?my attorney or wells fargo? I called three wells Fargo branches and asked if I could deposit a check that way and they said it is against policy. I just want my money.
Your attorney is liable for making sure your funds are actually transferred into your possession- not sent in the general direction. Since they sent it to the wrong place, and apparently in an insecure way, they still owe you money that was transferred into their possession for you. The matter of it having been stolen by a third party is your attorney's problem, and a matter for them to take up with Wells. Wells Fargo will have to open an investigation and hunt down the thief- but your attorney is still on the hook where you are concerned.
Your attorney. His staff royally screwed up. 1. Your attorney should have emailed you or sent by snail mail, that there was a judgment coming and how much. 2.They should have sent it by certified mail, return receipt for their records to confirm that you received the letter and check.
You need to go to different local attorney's office for assistance in this matter.
Your attorney liable to that mistaken, if it's your check he can bring it back to you without any lost either you or attorney or bank.. if it's open cheque again your attorney is liable to pay you without any second thought
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