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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29979
Experience:  Lawyer
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I have a friend who has no bank account and was issued a certified

Customer Question

I have a friend who has no bank account and was issued a certified check for 10,000 written to his name from the bank.He might have some tax liabilities coming up and might have a judgment to pay from a collection company. This hasn't happened yet but if he decides to cash his check at the the credit union in the future will the bank honor the check and not keep the money? Thank You, George
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.
Hi George,

My name is ***** ***** I'd be happy to answer your questions today.
There isn't any way for a person to put a lien on a particular check. A judgement can be used to take funds out of a person's bank account at a particular financial institution, but that doesn't work if the person has no bank accounts. The credit union wouldn't hold onto a judgment if he didn't have an account there. The same is true of tax liens - there has to be an account for the IRS to attach. They don't just place an alert on someone's social security number or driver's license to stop them from cashing checks.
The bigger issue is that most financial institutions, including credit unions, will not cash a check for someone who doesn't have a bank account. They'd want him to open an account, accept the check, and place a hold on it until they could be sure the funds were available from the other institution (which can take up to 10 business days at least, if it's an out-of-state check). They might refuse the check, and they'd be allowed to. They're not required to cash a certified check, and they can still place a hold on it.
It is unlikely that the person who holds the judgment would find the account and request a lien during the few days that the check was being held, but it is theoretically possible.
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