Not really, they couldn't if you pay attention to what happens to your account. First of all, they'd have to gain access to ACH initiator - for which criminals do have some, but it's not likely those will be easy to access to a random trash digger. Those have non-trivial costs to establish and easy to burn and get prosecuted. And, ACH transactions are reversible for a long time, so unless you're in a coma, you keep your money at the cost of some inconvenience and some waste of time. You won't need any lawyers for that, unless a) you have an extremely shitty bank that's not afraid to lose their banking license, or b) you want to do more than getting your money back for some reason.

If they have access to a very quick and efficient cash out system, they might offload the costs onto some chump (see various "cashback" scams) but it's not trivial to make this scheme work. It can work, so shredding your voided checks is highly recommended, but it's not as trivial as finding the check, coming to a bank and saying "I'm that guy it says here, give me all my money now, in small bills please".