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I have a question. I wrote a check to someone and he had…

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I have a question...

I have a question. I wrote a check to someone and he had someone else endorse the check and deposit into his account. I have reported to his bank as the amount was $14,000 and it was illegally deposited. Will they have to refund this money? They indicate they are doing an investigation. Their employee is a friend to the person who’s name the check was originally written to and she pushed the check through. They didn’t check the signatures which are clearly different.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ky

Lawyer's Assistant: What steps have you taken so far?

My understanding is you have 1-3 years to report to the payee bank correct? Or the bank that allowed the deposit.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have reported to the bank

Submitted: 6 months ago.Category: Legal
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Answered in 2 minutes by:
12/30/2017
Lawyer: Olivia Kent, Attorney replied 6 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,072
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
Give me just a moment to review what you've written.

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Lawyer: Olivia Kent, Attorney replied 6 months ago

I ​want to make sure I understand... you gave Person A a check (made out to Person A) and Person A gave that check to Person B and B deposited it into B's account with A's knowledge. Is that correct?

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Customer reply replied 6 months ago
Deposited into A’s account. B signed A’s name an improper endorsement.
Customer reply replied 6 months ago
The bank deposited without checking signatures as person A is friends with the bank teller.
Customer reply replied 6 months ago
They didn’t put a hold on the check either and that is unusual for such a large amount.
Lawyer: Olivia Kent, Attorney replied 6 months ago

A​nd is your question whether that invalidates the check?

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Customer reply replied 6 months ago
I live in Ky if that helps
Lawyer: Olivia Kent, Attorney replied 6 months ago

A​'s conduct in allowing B to sign A's name - and B's conduct in signing A's name - were both improper but that doesn't invalidate the check itself. It's still a properly ISSUED check.

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Customer reply replied 6 months ago
The bank indicates they are investigating. I just want the money back as they improperly handled the check
Customer reply replied 6 months ago
Ok. So they can keep the money although it was improper?
Customer reply replied 6 months ago
The bank isn’t reliable in allowing it to be deposited?
Lawyer: Olivia Kent, Attorney replied 6 months ago

T​he bank may in some way penalize A for what he did but that doesn't invalidate the check.

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Lawyer: Olivia Kent, Attorney replied 6 months ago

A​ received the check in good faith and therefore there's no argument that he's not entitled to the funds.

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Lawyer: Olivia Kent, Attorney replied 6 months ago

A​'s actions in having B sign on the back of the check WERE improper - but they don't affect the validity of the check itself. If A had changed the amount on the check THAT would be something that the bank could do something about. But the check was valid when it was issued and the signature on the bank doesn't invalidate the check ITSELF.

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Lawyer: Olivia Kent, Attorney replied 6 months ago

Is there anything else I can answer for you? Can you please confirm that you received the information I sent you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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