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Cheeks with multiple payees

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GaryAndrews

Junior Member
What is the name of your state (only U.S. law)?
Virginia

I've recently received a check made payable jointly to me personally and another entity. If the other entity listed as a payee refuses to endorse the check what legal recourse is there? I'm aware my bank won't negotiate a check unless both payees endorse it.
 


quincy

Senior Member
What is the name of your state (only U.S. law)?
Virginia

I've recently received a check made payable jointly to me personally and another entity. If the other entity listed as a payee refuses to endorse the check what legal recourse is there? I'm aware my bank won't negotiate a check unless both payees endorse it.
Was the check made out to you AND the other party, or was the check made out to you OR the other party?

If the latter, you can endorse the check and cash it.

If the former, why is it that the other party does not want to sign?

If the other party refuses to sign, ask the payor to issue two separate checks - one to you and one to the other party. Tell the payor you will send the other check back, torn up.

Good luck.
 

adjusterjack

Senior Member
What is the name of your state (only U.S. law)?
Virginia

I've recently received a check made payable jointly to me personally and another entity. If the other entity listed as a payee refuses to endorse the check what legal recourse is there? I'm aware my bank won't negotiate a check unless both payees endorse it.
What other entity?

If this was an insurance check made out to you and a lender, you are the one obligated to endorse the check over to them.

If it's something else, say so and maybe get some helpful comments.
 

FlyingRon

Senior Member
If this was an insurance check made out to you and a lender, you are the one obligated to endorse the check over to them.
Or, if demonstrate to the lender that you've made the repairs or whatever and have them endorse the check so you can cash it. I've worked claims both ways.
 

GaryAndrews

Junior Member
At this point it seems it would probably be more expedient to simply have the check re-issued in my name. You read correctly when I mentioned the check was written in my name AND the name of another entity. This entity is none of those mentioned in the thread, and negotiation is not really on the table here, but the entity issuing the check may be willing to re-issue the check personally. My question was only to generally ask if a court can compel an entity to endorse a jointly issued check under any circumstances and what those might be.
 

FlyingRon

Senior Member
If you're not willing to explain what this "entity" is and why the check was issued to them jointly with you in the first place, we can't help you.
We're not going to sit here all week long guessing just to have you tell us, "No that's not it."

Either get the check reissued or
explain what the hell you're talking about or
get a lawyer you pay by the hour to ferret the excruciating painful details out of you.
 

latigo

Senior Member
. . . . . . This entity is none of those mentioned in the thread, and negotiation is not really on the table here . . .

My question was only to generally ask if a court can compel an entity to endorse a jointly issued check under any circumstances and what those might be.
Let me know if I have this correct.

Instead of you taking the time to "explain what the hell you're talking about" you'd prefer that some knowledgeable person spend their time satisfying your curiosity by reviewing every conceivable scenario wherein a court of law would have jurisdiction to adjudicate the respective rights of co-payees to a negotiable instrument.

___________________________

P. S.

Would you like citations of authority or just accept my word and a cross the heart?
 

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