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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116722
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have settlement checks with two names on them. I can not

Customer Question

I have settlement checks with two names on them. I can not get the signature of the other person.Can I deposit them into some type of account, that would hold the funds until the other person can be located.They expire in a couple of weeks.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Does the check say "AND" or does it say "OR" between the two names?
What do you mean you cannot find the other person? Do you have any idea where they are?
Customer: replied 1 year ago.
They checks say "and", I can find the person they just refuse to sign them until we agree on who get what out of the funds.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Okay, that is a different story, them refusing to sign. You have two options here. First, you contact the other party and ask them to agree to opening a bank account for the checks and setting it up as a joint account requiring two signatures for withdrawals. Tell them you will deposit the checks in there and they can sit there until you decide what to do with them and then both of you will have to sign to get the money out.
If they refuse option 1, then option 2 requires you to file suit in court for a declaratory judgment and to quiet title on the checks, which is where the court will have to decide who gets what and can issue an order to allow the checks to be deposited in the clerk of court's registry until the matter is resolved by the court. You can then seek attorney's fees and costs from the other party for forcing this method of resolution and if the court finds they are unreasonable for doing so, then the court will make them pay the costs.