QUESTION

Can I Sue A Bank For Negligence?

Asked on Nov 15th, 2016 on Business Litigation - New York
More details to this question:
I had someone working as my assistant for my company and was suppose to take my checks I receive from my customers via my business Post office box and log them into my quickbooks system and then deposit them in my business bank account but instead over a period of 3-4 months was selectively taking my checks from these customers and depositing them into her personal bank account. Here is the Kicker: She manipulated quickbooks into me thinking the customers paid but in actuality was depositing checks into her personal account. The checks were made out to my business and not her. She was able to deposit and withdraw the money from my checks via the atm from her bank. When I noticed money was missing and things were not adding up I contacted the police. She was able to deposit and withdraw the check and money without Capital One Bank Noticing. Now I am out 25K and The bank is sending me on a goose chase to get the money bank. I want to know if I can sue the bank.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
If the checks were made out to your business and deposited into her personal account then you have a claim.  If she endorsed the check in the name of your business and then paid to her order, then you have no claim against the bank.  Just her for the fraudulent endorsement.
Answered on Nov 19th, 2016 at 9:25 AM

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