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Old 09-28-2010, 04:23 PM
 
3,644 posts, read 10,916,948 times
Reputation: 5514

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Quote:
Originally Posted by jtur88 View Post
Not that easy. My bank refused to accept a joint stimulus check for deposit, unless they watched both payees endorse it. The terrorists have won the war against the cowering banks, who are afraid to do anything that might violate the police-state's Patriot Act.

Here's how the conversation went:
Me: Is that the law, or just bank policy?
Teller: Bank policy.
Me: Then let me speak to someone who can waive it.
Teller: There is no-one who can do that.
Find a new bank.

I don't sign any of our checks. I just write "For deposit only", and the account number, then deposit them. Most go into our joint account, but I do have a separate savings account that I have deposited some checks into without a problem.

Before anyone asks, yes, dh is aware of the savings account. We have a specific purpose in mind for it and private reasons for keeping it in my name only.
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Old 09-28-2010, 04:40 PM
 
4,918 posts, read 22,629,515 times
Reputation: 6303
A third party check would be if the state (party 1) wrote a check to you (party 2) and you endorsed the check over to your auto mechanic (party 3) to pay a bill. A two party check would be if the state (party 1) wrote a check to you (party 2) and you endorsed the check for deposit to your account at a bank. The bank is not a party to the check so long as you are an account holder and the check is made out to you.

I can get a check from ABC Air Cargo made out to the Third World Country Official Bribe Fund. But they don't want a check they want cash. If they endorse the check to me and I try to deposit in in my bank, they would say no because it's a 3rd party check.

Was the check made out to you and your ex as Jane & John Doe, or as Jane Doe and John Doe, or Jane Doe or John Doe, or just Jane Doe, John Doe? That makes a big difference in how the check can be deposited.

If a check says "and" it's for both. If it says "or" it's either party. If it does not say, your bank policy rules.

If I get a check from ABC Air Cargo made out to The Governement of SomeWhere Aviation Minisetry and Fred the Bartender, both have to sign the check, but if it says or, either one can deposit the funds.

The last thing is if the bank is a bank you have an account or just the payors bank or a thrid bank. You bank is less restrictive over a bank you don't have an account.
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Old 09-28-2010, 04:44 PM
 
Location: Houston, TX
17,029 posts, read 30,823,667 times
Reputation: 16265
Probably a male acquaintance would sign it for a hundred or two.
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Old 09-28-2010, 05:02 PM
 
Location: Victoria TX
42,579 posts, read 86,694,851 times
Reputation: 36642
Quote:
Originally Posted by sskkc View Post
Find a new bank.
.
I did. I closed my account and went to another bank and told them why I was switching, and they told me they would have done the same thing.

I wound up mailing the check and a deposit slip to my old bank in another state, and they accepted it, no problem.

It's apparently something about banks in Texas being whining snivelers about either terrorists or illegal aliens.

Which is why I only maintain a token bank account in Texas, the only way it is possible for me to cash checks that come in the mail.
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Old 09-29-2010, 09:53 AM
 
48,505 posts, read 96,603,039 times
Reputation: 18304
Basically you just kicked the legal part into teh Ex's court. That is unless you got leagl claim to the entire check amount in court. I presonally would just send him hald the amount by a certified check bto avoid any further problems; and not creat further problems and get on with my life.One does not have to play games like the EX .
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Old 09-29-2010, 11:34 AM
 
15,633 posts, read 26,157,024 times
Reputation: 30922
Quote:
Originally Posted by sskkc View Post
Find a new bank.

I don't sign any of our checks. I just write "For deposit only", and the account number, then deposit them. Most go into our joint account, but I do have a separate savings account that I have deposited some checks into without a problem.

Before anyone asks, yes, dh is aware of the savings account. We have a specific purpose in mind for it and private reasons for keeping it in my name only.
BUT -- there are certain checks that they would have to have endorsed. And they also know there is a John Brown, and since you have a joint account there is some safety in having him on the other account.

If push came to shove, they could stamp the check (deposited to the account of named payee(s)) put it into your joint checking and then make you transfer the amount into your savings, to cover their rules.
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Old 09-29-2010, 05:06 PM
 
Location: Missouri
6,044 posts, read 24,041,787 times
Reputation: 5182
Quote:
Originally Posted by jtur88 View Post
Which of you earned the most money during the tax year in question? If he earned 3/4 of your total income, and you earned 1/4, it would be reasonable for you to agree to receive only 1/4 of the refund ($350), since you are no longer living jointly on your combined incomes.

Write to him and tell him you will endorse the check over to him if he pays you $350 (or whatever your share turns out to be) and how you arrived at that figure. No matter what kind of a b astard he is in general, don't ask for more than your fair share. He might turn out to be fairer than you think he is, if he sees that you are not trying to take him to the cleaners.
I completely agree with you. I reviewed our incomes for that tax year, and they were almost identical. I made about $1800 less than he did for the year. When it's that close, IMO it's 50/50.

I wish my lawyer WOULD do his job, but he's kind of a wuss. "I'll have to think about this, I don't know what to do!" he told me. (He's just a few years out of law school, in a tiny town.) My friend had him for a divorce attorney and it almost ruined my friend. My friend offered his (now-ex) wife all kinds of alimony, etc., but fortunately for him she fought it and wanted more, so it went to court. I say fortunately because once it went before the judge, the judge said it was a bunch of B.S. and she ended up getting no alimony. So I am not real impressed with my lawyer. I have used him before for traffic tickets and that turned out fine.

Thanks for all the advice. I think I will take the attorney's advice and the advice some offered here, and have him try to contact the ex one more time, and I will offer to pay the entire legal fee. If that does not work, then I guess I am off to small claims court.

Someone else suggested to not cash the check and see if they will apply it to next year's taxes. I wondered about that. But knowing my luck, it would someone get all applied to the ex's and not mine.
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Old 09-29-2010, 05:49 PM
 
Location: Baltimore
1,802 posts, read 8,148,074 times
Reputation: 1975
Quote:
Originally Posted by christina0001 View Post
I completely agree with you. I reviewed our incomes for that tax year, and they were almost identical. I made about $1800 less than he did for the year. When it's that close, IMO it's 50/50.

I wish my lawyer WOULD do his job, but he's kind of a wuss. "I'll have to think about this, I don't know what to do!" he told me. (He's just a few years out of law school, in a tiny town.) My friend had him for a divorce attorney and it almost ruined my friend. My friend offered his (now-ex) wife all kinds of alimony, etc., but fortunately for him she fought it and wanted more, so it went to court. I say fortunately because once it went before the judge, the judge said it was a bunch of B.S. and she ended up getting no alimony. So I am not real impressed with my lawyer. I have used him before for traffic tickets and that turned out fine.

Thanks for all the advice. I think I will take the attorney's advice and the advice some offered here, and have him try to contact the ex one more time, and I will offer to pay the entire legal fee. If that does not work, then I guess I am off to small claims court.

Someone else suggested to not cash the check and see if they will apply it to next year's taxes. I wondered about that. But knowing my luck, it would someone get all applied to the ex's and not mine.

Don't know about your state, but in many states taxpayers who file a joint return one year, and then file separate returns in another year due to divorce or any other reason, are considered to be different taxpayers and therefore have different accounts. So an overpayment on one account does not automatically get credited to an underpayment on another account.

It sounds ridiculous that your ex refuses to cooperate even though it would mean he'd get half of the refund. People can be very vindictive. Good luck to you.
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Old 10-02-2010, 11:52 PM
 
3,398 posts, read 5,089,977 times
Reputation: 2422
I like the stick it in drawer until he asks about it. I think he wants the money. Most of the time if someone is that much of a loser they don't have any money so I think he will come around in time.

I think it may be against the law to not have both required signatures on a two party check from the government, so I don't think you would be wise to try to deposit that on your own. If you forge his signature your ex could come after you.
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