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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My husband was a gh paid manager salesman in our county. In

Customer Question

My husband was a high paid manager salesman in our county. In March 2015 he had a mental breakdown and was diagnosed bi-polar and manic. We also had a few other interests in farming and wetland restoration in Arkansas. In June he was still very ill. We had received payment for equipment rental from November of 2014 from a farmer. The farmer made the check out to the dealership instead of our farm operation. Being sick my husband signed the back of this check Greenway Equipment, Marshall Steward, Rocky Tidwell and took it to the local bank. The bank deposited it into our Wetland Restoration Services account without any questions asked. After he left the teller didn't feel right about this and contacted the management of The Bank of Augusta. They in turn called my husbands employer and reported the check forged. They never reversed the check from the wrong acct. If the teller had never taken this check my husband would have went to the farmer and gotten a new one. But instead this bank caused my husband to loose a 6 figure job. They also removed him from a checking account that he is 50% owner in the company. We have not been able to get any information on the monies going and coming from this account since fall of 2015. I feel that we have been wrongly treated by this bank and need legal advice.
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please clarify a few things for me?

1) "The farmer made the check out to the dealership instead of our farm operation." I do not know how this applies to the situation. What SHOULD the farmer have made the check out to?

2) "Being sick my husband signed the back of this check Greenway Equipment, Marshall Steward, Rocky Tidwell..." How was this wrong? Why should he not have made the check out to them? Is Greenway Equipment the dealership or the farm operation? Or what exactly is the issue?

3) "The bank deposited it into our Wetland Restoration Services..." Again, I do not know who this is. Is this your husband's company? Did he deposit it into his account instead of this employer's account?

4) Finally, has your husband been declared mentally incapacitated by a court of law? If so, then before or after this incident?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 10 months ago.
Hello – you had never replied to my Information Request so I never got a chance to provide an answer. Please let me know if you still need information, and if you could reply to my information request so I could provide one.

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