ianmdrennan 2 #1 January 31, 2009 I'm hoping someone here can offer some good help (since I know my fellow skydivers come from a myriad of professions). It recently came to my attention that a joint check, issued in my name along with another party, was deposited by someone else to their account. The check was not endorsed (signed on the back) by anyone at all. Simply the account to be deposited in with the words "for deposit only". The check was a joint check, issued using the 'and' word between names for approx $3000 (ie: Mr X and Mr Y). The bank won't tell me who deposited it, as expected because of privacy reasons. All law, and practices I've found indicate, as we'd expect, that BOTH parties signatures have to be on the check for it to be accepted. This was not the case. BTW, it appears it was sent in electronically (some banks allow that now). It appears at worst, a total stranger was allowed to cash the check; at best it was the other person on the check. As usual the banks are all pointing fingers at one another, but no-one is taking responsibility for the action and as such I'm in the process of escalating it. I'm gathering up all the documents and taking it to the state banking commission, but was hoping someone here has some insider experience, or advice, on the best way to get this issue the attention it deserves. Ideally I'd expect the accepting bank to resolve the issue, but as most of us know - no big company ever actually gets anything done until their back is up against a wall. Thanks, IanPerformance Designs Factory Team Quote Share this post Link to post Share on other sites
wolfriverjoe 1,340 #2 January 31, 2009 Do I understand this correctly? A check issued to Mr X and Mr Y ended up in the account of Mr Z? Perhaps put there by Mr Y, but you don't know for sure? And deposited electronically? The part that sucks about banks these days is that just about anybody can deposit a check into an account. Normally the check has to be endorsed properly, but not necessarily. Normally the check has to be issued to the account holder, but not necessarily. Normally the account holder has to be the one making the deposit but (guess what?) not necessarily. As long as the money is going into the bank, and you aren't just cashing the check, they don't seem to check that closely. It almost seems like the banks will take the money and its up to you to detect the fraud."There are NO situations which do not call for a French Maid outfit." Lucky McSwervy "~ya don't GET old by being weak & stupid!" - Airtwardo Quote Share this post Link to post Share on other sites
iluvtofly 0 #3 January 31, 2009 Banks are turning into slackers these days (wonder why they're doing so poorly). I knew someone who would sign a different cartoon character or superhero name on all checks he wrote. The one time his wife wrote a check and actually signed his name was the one time they questioned the signature. Quote Share this post Link to post Share on other sites
Andy9o8 0 #4 January 31, 2009 Ian, these types of cases are becoming increasingly common. standard practice is for all of the banks to point the finger at each other. You'd be shocked at how many lawsuits have resulted over this shit. Going to the banking commission is fine, if you're not personally out any money from your account. But if you're out money for which none of the banks are willing to reimburse, you need to get yourself a lawyer immediately (don't delay!). Get law enforcement involved, too. Quote Share this post Link to post Share on other sites
ianmdrennan 2 #5 January 31, 2009 Andy, Thank you. Fortunately the money wasn't drawn from my account, it was just money I was entitled to so while I'm out of pocket - it's not a financial strain That said, I would like the banks to rectify the problem, and deal with the person who did this. I'm a patient mine, if it takes time I'm ok with that - long as there's resolution in the end. Ian Performance Designs Factory Team Quote Share this post Link to post Share on other sites
CSpenceFLY 1 #6 January 31, 2009 Yep, get yourself a lawyer and give him your $1500 when you get it back. Ya gotta love this. Sorry for your trouble Ian. Quote Share this post Link to post Share on other sites
Andy9o8 0 #7 January 31, 2009 Well, if you're entitled to it, then you've incurred a loss. I respectfully urge you to have an initial consultation (which are usually free) with 1 or 2 lawyers that practice "commercial litigation" to fully understand what your legal status, rights, etc. are and what potential avenues of recovery may be available to you. But you really need to jump on this ASAP. Good luck. Quote Share this post Link to post Share on other sites
ianmdrennan 2 #8 January 31, 2009 Quote Yep, get yourself a lawyer and give him your $1500 when you get it back. LOL, so true Chris - so true Blues, IanPerformance Designs Factory Team Quote Share this post Link to post Share on other sites
Andy9o8 0 #9 January 31, 2009 QuoteYep, get yourself a lawyer and give him your $1500 when you get it back. Ya gotta love this. Sorry for your trouble Ian. You're being silly, Chris. I realize you were kidnapped, imprisoned and tortured for years as a child by a gang of lawyers; but it doesn't always call for this kind of response. Quote Share this post Link to post Share on other sites
ianmdrennan 2 #10 January 31, 2009 Quote Quote Yep, get yourself a lawyer and give him your $1500 when you get it back. Ya gotta love this. Sorry for your trouble Ian. You're being silly, Chris. I realize you were kidnapped, imprisoned and tortured for years as a child by a gang of lawyers; but it doesn't always call for this kind of response. Blues, IanPerformance Designs Factory Team Quote Share this post Link to post Share on other sites
CSpenceFLY 1 #11 January 31, 2009 Your right. Nor does the response need to always be "Get a lawyer". Quote Share this post Link to post Share on other sites
CSpenceFLY 1 #12 January 31, 2009 I wonder if plumbers get upset on the forums if you tell someone to fix their own sink? Things that make you go Hmmmm. Quote Share this post Link to post Share on other sites
Andy9o8 0 #13 January 31, 2009 Quote Quote Quote Yep, get yourself a lawyer and give him your $1500 when you get it back. Ya gotta love this. Sorry for your trouble Ian. You're being silly, Chris. I realize you were kidnapped, imprisoned and tortured for years as a child by a gang of lawyers; but it doesn't always call for this kind of response. Blues, Ian I fully respect your concern about pissing legal fees away. But evidence gets stale, statutes of limitation accrue, and opportunity can be lost waiting for a banking commission's bureaucracy to snail itself along. At least have an initial consultation w/a lawyer - just to give you the raw data YOU need as a valuable tool so you can make a fully informed decision on how to proceed. I'm really not a shill for lawyers and their services. After 25 years of doing this, if I didn't think it was worth YOUR while to do this, I'd say so. I'm not going to get into a stupid pissing contest with Chris, either. Quote Share this post Link to post Share on other sites
ianmdrennan 2 #14 January 31, 2009 Andy, I'm a huge advocate of using specialized practices, particularly in law, what is the 'type' of lawyer who'd specialize in something like this? Blues, IanPerformance Designs Factory Team Quote Share this post Link to post Share on other sites
Andy9o8 0 #15 January 31, 2009 QuoteAndy, I'm a huge advocate of using specialized practices, particularly in law, what is the 'type' of lawyer who'd specialize in something like this? Blues, Ian Specialist in business and commercial litigation and.or banking law. ok, going off-line now. Quote Share this post Link to post Share on other sites
skycam321 0 #16 January 31, 2009 QuoteQuoteYep, get yourself a lawyer and give him your $1500 when you get it back. Ya gotta love this. Sorry for your trouble Ian. You're being silly, Chris. I realize you were kidnapped, imprisoned and tortured for years as a child by a gang of lawyers; but it doesn't always call for this kind of response. Are you saying they would do it for free?"Stear clear of the terminally stupid!" Quote Share this post Link to post Share on other sites
Pokerstar 0 #17 January 31, 2009 I would find the number for the fraud department of the back that accepted the check, they are much better able to help you out, rather than the standard folks at the branches, or the regular phone lines. You also may want to go to the branch and talk directly to the manager, and have a conference call with the fraud department while you are in the branch. Good luck!Fortunately, I'm adhering to a pretty strict, uh, drug, uh, regimen to keep my mind, you know, uh, limber. --- The Dude --- Quote Share this post Link to post Share on other sites
Andy9o8 0 #18 January 31, 2009 QuoteQuoteQuoteYep, get yourself a lawyer and give him your $1500 when you get it back. Ya gotta love this. Sorry for your trouble Ian. You're being silly, Chris. I realize you were kidnapped, imprisoned and tortured for years as a child by a gang of lawyers; but it doesn't always call for this kind of response. Are you saying they would do it for free? Of course not. Potential clients need to be educated consumers of legal services no less than if they're shopping for any other kind of important purchase or service-provider. That's the function of an initial consultation with a lawyer - so that both the client and the lawyer can make an intelligent business decision on whether (a) the client wants to engage the lawyer - or not, and (b) the lawyer wants to take on the client's case - or not. Quote Share this post Link to post Share on other sites
skyjames 2 #19 February 1, 2009 Call the issuer of the check and tell them. Possible they can stop payment. "exit fast, fly smooth, dock soft and smile" 'nother james Quote Share this post Link to post Share on other sites
ianmdrennan 2 #20 February 1, 2009 Quote Call the issuer of the check and tell them. Possible they can stop payment. Unfortunately that's too late. The check was issued earlier in the year - the only reason I even found out about it was because of tax season. I called up the issuing bank and got a copy, and found out it was deposited 9 months ago . Statute appears to be one year, which is why I'm acting quickly. Quite honestly, there was a bit of blind luck in even discovering this in the first place! IanPerformance Designs Factory Team Quote Share this post Link to post Share on other sites
simplyputsi 0 #21 February 2, 2009 Quote Quote Call the issuer of the check and tell them. Possible they can stop payment. Unfortunately that's too late. The check was issued earlier in the year - the only reason I even found out about it was because of tax season. I called up the issuing bank and got a copy, and found out it was deposited 9 months ago . Statute appears to be one year, which is why I'm acting quickly. Go to the bank that accepted the check and ask to be put in touch with their fraud department. A teller can not help you in this situation. At the very least you need to be speaking with a branch manager, and even then you need to ask that you have their fraud department involved in any discussion. It may take a little bit of time to get it all dealt with, but you should find that the banks fraud department will take matters a little more seriously than others That's all i got for you. Patience is what you need. Ultimately you are looking for the deposit bank to contact the one who deposited the check and inform them that they have committed fraud. Quite honestly, there was a bit of blind luck in even discovering this in the first place! Ian Skymama's #2 stalker - Quote Share this post Link to post Share on other sites
goofyjumper 0 #22 February 2, 2009 Man, I know Lawyers in FL, but not GA. Shit man, sorry this happened.----------------- I love and Miss you so much Honey! Orfun #3 ~ Darla Quote Share this post Link to post Share on other sites
Andy9o8 0 #23 February 2, 2009 QuoteMan, I know Lawyers in FL, but not GA. That's cuz a "certain someone" has eaten all the lawyers in GA. Quote Share this post Link to post Share on other sites
goofyjumper 0 #24 February 2, 2009 QuoteQuoteMan, I know Lawyers in FL, but not GA. That's cuz a "certain someone" has eaten all the lawyers in GA. Huh? I dont get it.----------------- I love and Miss you so much Honey! Orfun #3 ~ Darla Quote Share this post Link to post Share on other sites
Andy9o8 0 #25 February 2, 2009 Sorry; inside baseball. Never mind. Quote Share this post Link to post Share on other sites
