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Law Girl
Law Girl, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4606
Experience:  I am an attorney.
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Can I deposit and cash a Joint Check without 2 signatures

Customer Question

I represent a manufacturer and have received payment after over 1,000 days due to a Joint Check Agreement signed by the General Contractor, our Distributor and the Manufacturer/Supplier (my company). This check is made payable to both our Distributor (company who installed the materials) and us , The Material Supplier/Manufacturer. The issue is this, that Distributor has gone Bankrupt in Georgia and is no longer in business and the Joint Check Agreement was originally initiated by us, The supplier/manufacturer to secure our payment for our materials. Can I deposit and cash this check into my company's account without their signature if I include a copy of the Case # XXXXX they're out of business due to the Bankruptcy?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Law Girl replied 6 years ago.

DearCustomer

Thank you for your question.

Ultimately this will depend on your bank's policy. However, when there is more than one account holder or signatory to an account, each one grants to the other full power and authority to endorse for deposit to the account all checks, drafts or other instruments drawn or payable to the order of the other or to the order of both. Generally speaking, any or all of the joint owners can make deposits, withdrawals or close the account. So, you should not have a problem unless your bank or you Joint Check Agreement states otherwise.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

Customer: replied 6 years ago.
Reply to Law Girl's Post: I'm not sure you understand exactly. These are 2 seperate companies listed as "Joint Payees" on a check - one of the Joint Payees has gone out of business and went bankrupt back in 2004. This money recently paid is over 1,000 days old and the check is dated today. I want to know if I provide a copy of the bankruptcy information including the case # XXXXX what I need to provide legally in order for the Bank to accept my deposit and credit my company's account.
Expert:  Law Girl replied 6 years ago.

Thank you for providing the much-needed clarification. It is clear that I did not understand the question clearly, for which I apologize.

Even if you can provide evidence that one of the payees is bankrupt, a bank is not likely to take a check only endorsed by one party to the check. It is most likely that the bank will require you to have the check reissued.

I am sorry.

 

 

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