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Richard, Attorney
Category: Business Law
Satisfied Customers: 53663
Experience:  32 years of experience practicing law and a businessman.
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My wife tried to deposit a per diem check made out to me for

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My wife tried to deposit a per diem check made out to me for $700 into her account at the Bank of Zachary yesterday and they refused to accept it. It was issued by the bank of my company (Ford Bacon & Davis Engineering) to me and I signed the back of the check. What is strange is her and I both have accounts at the same bank. (Different Accounts) I was taught in a Business Law class at Nicholls State University that a negotiable instrument may out to an individual when signed is considered "bearer paper"? That is to say if I dropped it on the street already signed, and my signature is on file at the bank the bank is obilgated to cash it so long as the person cashing it signs below my name and shows ID. In this case she only wanted to deposit it and because my name wasn't on her account they refused. I frequently call in and transfer money from my account to hers by just giving them the accounts numbers of both accounts and the amount of the last deposit yet they refused to deposit a check I signed into her account. Can they do that?
Leadership is about the integrity of one's character, the caliber of one's capabilities and the
effectiveness of one's collaboration with others. If a leader cannot stand tall in the face of
uncertainty, risk, and adversity, no one else will either. Carly Fiorina

Good morning. You are correct. The bank should have accepted the check because you had signed it. Banks often think their policies are the law; they are not. Many times banks have people in position that are pretty much the "Barney Fife's" of the banking world who get way too carried away with their own authority...following the motto that you don't have to be right if you're sure. In this case, the bank was legally wrong.



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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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