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I Tried to Cash a Bad Check

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DaveJones002

Registered User
What is the name of your state (VA)?

Never thought I'd be doing my own post again so soon.

I did some work for my buddy's 401c who paid me $141. This is the first time he is using these new checks as his 401c was just approved.

I took the check to his bank or the bank whose name was on the check and asked to cash it. I gave them 2 forms of ID.

The teller refused to cash it as the check had no provisions for his signature, the area for him to sign was blank there was no designated place on the check for him to sign. His signature was not on the check anyplace.

The teller looked up his info (Business name etc and his info was valid). She took the check to the manager who confirmed I could not cash the check in its present form.

So I left and told them I would get it straightened out and be back again.

Now come to think of it: If that check was bad, couldn't they have called the police on me. Especially in today's economy with all the robberies, I am surprised they didn't or maybe they did. Its only been an hour since.

I have called him and left a message on his machine. He's a good friend and has a wealthy business and he should be as surprised as I am.

But once again, I ask couldn't I have ended up getting charged for attempting to cash a bad check ?
 


Antigone*

Senior Member
What is the name of your state (VA)?

Never thought I'd be doing my own post again so soon.

I did some work for my buddy's 401c who paid me $141. This is the first time he is using these new checks as his 401c was just approved.

I took the check to his bank or the bank whose name was on the check and asked to cash it. I gave them 2 forms of ID.

The teller refused to cash it as the check had no provisions for his signature, the area for him to sign was blank there was no designated place on the check for him to sign. His signature was not on the check anyplace.

The teller looked up his info (Business name etc and his info was valid). She took the check to the manager who confirmed I could not cash the check in its present form.

So I left and told them I would get it straightened out and be back again.

Now come to think of it: If that check was bad, couldn't they have called the police on me. Especially in today's economy with all the robberies, I am surprised they didn't or maybe they did. Its only been an hour since.

I have called him and left a message on his machine. He's a good friend and has a wealthy business and he should be as surprised as I am.

But once again, I ask couldn't I have ended up getting charged for attempting to cash a bad check ?
If the bank felt that there was something fraudulent going on they certainly could have called the police. It happens all the time.
 

DaveJones002

Registered User
Well nothing is to say they have to right away. They can think about it and call the police at their leisure. Maybe they want to contact a superior manager before doing so. I was starring right into the camera and I'm not hard to find. They have all my info.

I just left a message in my friend's machine to call the bank and let them know I wasn't doing anything purposely fraudulent. I'm only a mile away from this bank and plan on cashing his check there at least the ones for supplies that I purchase for him.

I have heard the police being called for less serious activities so I am concerned and have the right to be.
 
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DaveJones002

Registered User
Well I just called the Customer Service specialist at main headquarters who did conform all checks need the payees signature and it may be my error then for not realizing it was missing. But she could not suggest how this happened.

But it just came to me this friend of mine probably prints his own checks and has the software setup incorrectly.

I am fortunate I did not deposit this into my account and then draw on it like rent money etc.

There should be something built into the check printing software to avoid the check ever being printed out as such.

Well just an update:

His Bank gave him these checks as spares to use until he got his new checks. This then show the ignorance of the people I spoke with as the bank said it would never issue checks that had no signature line for the payer. And I heard this from 3 bank employees.

He will call his branch in the morning and ask them call the branch I tried to cash the checks at today and explain the missing signature area.

Maybe he should have signed it anyway even if there was an signature area or not.
 
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Zigner

Senior Member, Non-Attorney
Folks - we're way over-thinking this. This was not a "bad" check. This was an unsigned check. Nothing illegal occurred.
 

justalayman

Senior Member
Folks - we're way over-thinking this. This was not a "bad" check. This was an unsigned check. Nothing illegal occurred.
absolutely agreed. There is nothing illegal about what happened as long as what has been described is true. Heck, I've sent unsigned checks to pay bills before and some have even made it to the bank. There was obviously no illegal intent of the part of the payee so it is a simple matter of authorizing the check and all is well.
 

DaveJones002

Registered User
Thanks

Sometimes experience is the but not best teacher of the law.

Now if their tone of voice would have been just a little less detective like I may have not been concerned. It seemed the teller through tone of voice seemed to have uncovered a bad check cashing ring leader.
 
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justalayman

Senior Member
Thanks

Sometimes experience is the but not best teacher of the law.

Now if their tone of voice would have been just a little less detective like I may have not been concerned. It seemed the teller through tone of voice seemed to have uncovered a bad check cashing ring leader.
she may have been suspicious. she could have had some bad Chinese for lunch. Who knows? Even if the authorities are called, from what you described, the payor could easily clear the matter.
 

DaveJones002

Registered User
I believe a 401c is a non-profit organization. He always refers it to that as opposed to his previous LLC. Actually, 401c3 would be a more correct term.

Being non-profit, allows him to now apply for environmental grants that are exclusive to non-profits.
 
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DaveJones002

Registered User
Well the bank just called me. They apologized and were quite baffled they printed out faulty checks. A new one will be issued by my friend.

Lesson learned but I take ultimate responsibility for being oblivious to the fact that all checks have to be signed and I never bothered to look for his signature on the check.
 

TigerD

Senior Member
I believe a 401c is a non-profit organization. He always refers it to that as opposed to his previous LLC. Actually, 401c3 would be a more correct term.

Being non-profit, allows him to now apply for environmental grants that are exclusive to non-profits.
Actually, 501c(3) is what you mean.

DC
 

Zigner

Senior Member, Non-Attorney
401(c) seems to have to do with self-employment. I'd bet that our OP is trying to say he did work for a guy who owns his own business...
 

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