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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I just received a settlement check from my personal injury

Resolved Question:

I just received a settlement check from my personal injury accident. The check came in my name. My attorney says his bank won't except the check into his escrow account because his name is XXXXX XXXXX the check. Can we deposit the check into my account, than issue him a personal check,in his name, for the total amount that has to be deposited into his escrow account. This way he fulfills the requirement of the State Bar by technically depositing the check. If no what other options do i have besides returning the check back to the insurance company?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

Why do you believe that there is a requirement that the check be held in his escrow account. Are there other parties that should be paid before you are paid?

-ZDN
Customer: replied 1 year ago.

No..It is a refund check issured lby MSRPC..the medicare collection branch. Now my attorney insists that california law requires that the check be deposited into his escrow account. I've explained the rest..

Customer: replied 1 year ago.

No..It is a refund check issured lby MSRPC..the medicare collection branch. Now my attorney insists that california law requires that the check be deposited into his escrow account. I've explained the rest..

Expert:  Zachary replied 1 year ago.
Thank you for your response.

I'm not really clear on what is going on here. There is no law which I know of which absolutely requires this. However, your attorney has an interest in the proceeds and likely has a contractual right to demand from you that the check be sent back and reissued in his name so that it can be deposited into his escrow account. If your attorney will not agree to you cashing the check in this manner, then you will need to cooperate with your attorney and send it back.

Customer: replied 1 year ago.

I had an accident that was settled. A check by the insurance company was issued. The check was than sent to MSRPC, the collection arm of Medicare, so that it could take out it's money owed and than a refund check was sent back to my attorney. And now you know the rest. My question was can my attorney and I negotiate with each without the attorney being penalized by the State Board of California. The only money he has to take out is his fee and the rest issured to me..

Expert:  Zachary replied 1 year ago.
There is no rule from the California bar which would prohibit you cashing the check and turning over the money to him to run through his escrow account.

As long as the accounting on the money is correct and you are getting your portion of the fees as promised, then you can go forward this way without getting in any trouble.
Zachary, Attorney
Category: Legal
Satisfied Customers: 4007
Experience: Lead trial/International commercial attorney licensed 11 yrs
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