Affidavit of Forgery
If a customer catches forged checks when reviewing a bank statement
or by other means, an Affidavit of Forgery is called for. An "Affidavit
of Forgery" is a notarized sworn statement attesting that the
signature which appears on the questioned document is indeed a forgery,
and not authorized by the account holder. We suggest that you obtain
an Affidavit Forgery from the account holder; an affidavit should
accompany each forged item. If you have 10 forged checks, you should
obtain 10 affidavits. The affidavits should be retained in the file,
both for your records and because the state's attorney will most
likely require an affidavit of forgery for prosecution.
Sample Affidavit of Forgery
STATE OF NORTH DAKOTA )
)
COUNTY OF __________ )
I, (insert name of customer), being first duly sworn upon oath,
do hereby swear and affirm as follows:
That I have been informed that what purports to be my signature
appears on the following check(s) OR draft(s) as the maker or indorser:
CHECK NUMBER (or draft number)
DATE ON ITEM
PAYEE
AMOUNT
That I did not sign the check(s) or draft(s) listed above either
as maker or indorser.
That the signature that appears on the instrument(s) described
above is not my signature, but is instead a forgery made without
my knowledge and without my approval.
That I did not participate in the negotiation of the check or draft,
nor did I receive the proceeds therefrom.
The information I have regarding the forgery, how it may have occurred,
and who may have participated in the making of the forgery, is as
follows:
Further your affiant sayeth not.
Signed: ______________________
|
|
On this _____
day of __________, 2003, before me, the undersigned, notary public
in and for said county and state, personally appeared ____________,
known to me to be the same person who is described in and who executed
the above and foregoing instrument and acknowledged to me that he/she
executed the same.
_____________________________
_________________, Notary Public
For the State of North Dakota
My Commission Expires: ________
Reg B Final Rule Published
On March 5, 2003, the Federal Reserve Board announced that it is
publishing a final rule amending Regulation B, which implements the
Equal Credit Opportunity Act. The Board approved the final rule at
its meeting on February 19, 2003.
The ECOA prohibits creditor practices that discriminate on the basis
of race, color, religion, national origin, sex, marital status, or
age (provided the applicant has the capacity to contract); to the
fact that all or part of the applicant's income derives from a public
assistance program; or to the fact that the applicant has in good
faith exercised any right under the Consumer Credit Protection Act.
The
regulation also requires creditors to notify applicants of action
taken on their applications; to report credit history in the names
of both spouses on an account; to retain records of credit applications;
to collect information about the applicant's race and other personal
characteristics in applications for certain dwelling-related loans;
and to provide applicants with copies of appraisal reports used in
connection with credit transactions.
Among other things, the final rule addresses the collection of applicants'
personal characteristics in connection with non-mortgage credit and
record retention for pre-screened solicitations. The final rule amending
Regulation B is effective April 15, 2003. However, to allow time for
any necessary operational changes, the mandatory compliance date is
April 15, 2004.
|