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Check payable to 2 people?

  1. #1
    Posting Freak OneCheekRider's Avatar
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    Check payable to 2 people?


    Since it wasn't enough for my ex to have an affair, she has now taken it upon herself to deposit our security deposit check written out to both her AND me and refuse to give me my half. It reads - Payable to: Her Name & My Name. I have obtained the check image and only her signature is on the back.

    From my research this is fraudulent and I can have the check reversed. Any experts out there that can provide advice before I dive into this one?

    edit: deposited into her account. we did/do not have a joint account.

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    Last edited by OneCheekRider; 03-17-17 at 03:34 PM.

  2. #2
    BMW track whore e30addict's Avatar
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    Re: Check payable to 2 people?

    If the bank cashed that they are liable. We see it all the time when the insurance company makes a repair check out to the customer and my company as the lien holder. Technically we're supposed to sign off on the check before the customer can cash it. Sometimes the tellers don't do their job and cash it with just the customer signing it. You have to be persistent as they hate paying but in the end it's fraud by whoever cashed it and the bank is responsible because they never should have accepted it in the first place.

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  3. #3

    Re: Check payable to 2 people?

    Is the account she deposited into in both your names? If so, then I don't believe it is illegal.

    If not, then the bank should have required both signatures.


    EDIT: I realize you don't have a joint account, but the more I think about it... even if there was an account in both your names, it should be illegal (and probably is). Otherwise, the account could have a zero balance, and this would be a way for one person to cheat the other.

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    Last edited by TTD; 03-18-17 at 08:46 AM.
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  4. #4
    BMW track whore e30addict's Avatar
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    Re: Check payable to 2 people?

    Oooo. I missed the deposit part. That could change things.

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  5. #5
    Posting Freak OneCheekRider's Avatar
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    Re: Check payable to 2 people?

    We did/do not have a joint account. It was deposited in her account. She deposited via ATM or mobile deposit to her BofA account.

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    Last edited by OneCheekRider; 03-17-17 at 03:36 PM.

  6. #6
    Posting Freak OneCheekRider's Avatar
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    Re: Check payable to 2 people?

    Quote Originally Posted by e30addict View Post
    If the bank cashed that they are liable. We see it all the time when the insurance company makes a repair check out to the customer and my company as the lien holder. Technically we're supposed to sign off on the check before the customer can cash it. Sometimes the tellers don't do their job and cash it with just the customer signing it. You have to be persistent as they hate paying but in the end it's fraud by whoever cashed it and the bank is responsible because they never should have accepted it in the first place.
    so is the best route to seek compensation from the bank the check was deposited into?

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  7. #7
    BMW track whore e30addict's Avatar
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    Re: Check payable to 2 people?

    I can't speak as to the best route since I've never had to do it, but I'd start by going after BofA and filing in small claims against her at the same time.

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  8. #8
    Angry Gumball RandyO's Avatar
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    Re: Check payable to 2 people?

    Quote Originally Posted by OneCheekRider View Post
    We did/do not have a joint account. It was deposited in her account. She deposited via ATM or mobile deposit to her BofA account.
    more than likely when the bank audits last nites ATM deposits they will catch it and sent the check back and undeposit the money from her account, it may take a week or so

    had she deposited it at a teller, it woulda been caught, she probably purposely deposited it thru an ATM thinking she was gong to get away with it

    you can only hope she bounces a few checks in her account because of it

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    Last edited by RandyO; 03-17-17 at 03:57 PM.
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  9. #9
    Lifer
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    Re: Check payable to 2 people?

    Shouldn't he contact Bank of America and suggest they audit that check?

    I'm assuming you guys are legally separated/divorced? Because if not, that might change things.
    Quote Originally Posted by RandyO View Post
    she probably purposely deposited it thru an ATM thinking she was gong to get away with it
    Or because that's what people who aren't curmudgeons do.

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    Lifer SteveM's Avatar
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    Re: Check payable to 2 people?

    I am involved in this all the time in my non-teaching business.

    It is fraudulent to deposit a joint check without both signatures. The bank may catch it, but I wouldn't count on it. Contact the bank it was written on directly and let them know you expect them to dishonor the check or the next call will be fro you lawyer.

    They will bounce the check and funds will be removed from her account.

    From the, you may be able to redeposit it or you may need a replacement check, or preferably, two individual replacement checks.

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  11. #11
    Lifer
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    Re: Check payable to 2 people?

    gotta have both signatures. hopefully when they yank the funds from her it will overdraft her account.

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  12. #12
    Posting Freak OneCheekRider's Avatar
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    Re: Check payable to 2 people?

    Quote Originally Posted by SteveM View Post
    I am involved in this all the time in my non-teaching business.

    It is fraudulent to deposit a joint check without both signatures. The bank may catch it, but I wouldn't count on it. Contact the bank it was written on directly and let them know you expect them to dishonor the check or the next call will be fro you lawyer.

    They will bounce the check and funds will be removed from her account.

    From the, you may be able to redeposit it or you may need a replacement check, or preferably, two individual replacement checks.
    This is helpful, thank you. I may reach out to you via PM.

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  13. #13
    Lifer SteveM's Avatar
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    Re: Check payable to 2 people?

    Quote Originally Posted by OneCheekRider View Post
    This is helpful, thank you. I may reach out to you via PM.
    Cool, glad to help

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  14. #14
    Posting Freak OneCheekRider's Avatar
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    Re: Check payable to 2 people?

    The check came from chase and was deposited into a BofA account. So I should reach out to Chase to reverse check?

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  15. #15
    Posting Freak OneCheekRider's Avatar
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    Re: Check payable to 2 people?

    Chase is saying they will not reverse the check despite the fact they have pulled up the check image and confirmed my signature is not on it. I'll try BofA again...

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  16. #16

    Re: Check payable to 2 people?

    first of all, sorry to hear you are going through this.
    you dont have to answer, but is the amount significant, are we being petty or is this all for the principle?

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  17. #17
    Posting Freak OneCheekRider's Avatar
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    Re: Check payable to 2 people?

    My half of the check amounts to a few thousand dollars. Yes, I view it as significant.

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  18. #18

    Re: Check payable to 2 people?

    That is indeed significant. Good luck man

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  19. #19
    Resident Turkey Tricky Mike's Avatar
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    Re: Check payable to 2 people?

    Quote Originally Posted by tsorfas View Post
    first of all, sorry to hear you are going through this.
    you dont have to answer, but is the amount significant, are we being petty or is this all for the principle?
    And you don't have to ask... If she cheated on him and is in the process of trying to rip him off the amount doesn't matter in the least, IMHO.

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  20. #20
    Angry Gumball RandyO's Avatar
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    Re: Check payable to 2 people?

    big banks suck, never again, I do all my banking with a local credit union

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  21. #21
    BMW track whore e30addict's Avatar
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    Re: Check payable to 2 people?

    Quote Originally Posted by Tricky Mike View Post
    And you don't have to ask... If she cheated on him and is in the process of trying to rip him off the amount doesn't matter in the least, IMHO.
    This. I'm vindictive enough I'd take her to court for $50 even if it cost me more than that.

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  22. #22
    Super Moderator TheIglu's Avatar
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    Re: Check payable to 2 people?

    The bank who cashes it is the one responsible.


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  23. #23

    Re: Check payable to 2 people?

    Quote Originally Posted by Tricky Mike View Post
    And you don't have to ask... If she cheated on him and is in the process of trying to rip him off the amount doesn't matter in the least, IMHO.
    Thumbs up

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    Quote Originally Posted by e30addict View Post
    This. I'm vindictive enough I'd take her to court for $50 even if it cost me more than that.
    I'm not of that thought process. Some battles have different "value" to me

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  24. #24
    Lifer imkindafkedup's Avatar
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    Re: Check payable to 2 people?

    pics of said cunt?


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  25. #25
    Lifer Stromper's Avatar
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    Re: Check payable to 2 people?

    The cops would only say civil matter and claim out of it

    I would go to the BOA and sit next to the desk and refuse to get up until they forked over your half

    Note bring something to read because the shit won't hit the fan until like 5 minutes before closing. If cops come say these individuals are guilty of defrauding you for
    a serious amount of money.

    I have always been successful that disinterested bureaucrats always yield to the excited individuals. When they say they cant you say wont. When they say its the law you say
    Moses came down with 10 laws , everything else someone else's opinion

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