Forgery of check to multiple recipients

[strikeinsilence]

What is the name of your state? CA

My former landlord made out a check to all 3 members of my residence. While I was away for the summer, the other two tenants cashed the check by forging my signature, obviously without my permission. Now they refuse to pay me my share of the ~$1,100 check. My landlord is clueless. What do I do? File a claim at small claims? Thanks in advance for any advice.

 

[Roo]

I'd start with the police. Forgery is a crime.

 

[strikeinsilence]

So you think filing a police report is the best action? What do you think they'd do about it? That's a genuine question, I really don't know how they handle these sorts of things.

 

[seniorjudge]

Q: So you think filing a police report is the best action? What do you think they'd do about it? That's a genuine question, I really don't know how they handle these sorts of things.



A: We can't tell you what the cops and courts will do. (I also recommend you file a police report.) But, let's talk about the small claims: Do the bad people have any money?

 

[strikeinsilence]

Thanks for the reply, your honor. Do you mean are they broke? I'm sure they have enough money to cough up what they owe me though. They aren't what I'd call wealthy, but they work jobs and pay the rent (usually). Needless to say, I don't live with them anymore. I'm giving them one more chance to pay me and keep this simple, but if not I'll start with the police report and go from there.

 

[strikeinsilence]

OK, I've just learned, after obtaining a copy of the check, that the bank allowed the check to three individuals to be cashed with only one signature. Therefore, there is no forgert involved, but I didn't know this previously because the other 2 aren't talking. Is this legal? Is the bank at fault? If so, how do I get my money out of this? Thanks again for the help.

 

[HomeGuru]

OK, I've just learned, after obtaining a copy of the check, that the bank allowed the check to three individuals to be cashed with only one signature. Therefore, there is no forgert involved, but I didn't know this previously because the other 2 aren't talking. Is this legal? Is the bank at fault? If so, how do I get my money out of this? Thanks again for the help.

**A: you sue the other 2 people that got your money.

 

[las365]

I think the OP may have recourse against the bank.

 

[strikeinsilence]

I think the OP may have recourse against the bank.

That's what I'm unsure of. Is the bank allowed to cash a check to more than one person without all of their signatures?

 

[las365]

Tell us about the copy of the check. Is it a copy of the front and back? Where did you get it? Was it deposited into a bank account or actually cashed at the bank it was drawn on?

If the check is made payable to you, Jane, and Mary, and only Mary endorsed it, in my opinion the bank the check was drawn on should not have negotiated it.

 

[Antigone*]

Tell us about the copy of the check. Is it a copy of the front and back? Where did you get it? Was it deposited into a bank account or actually cashed at the bank it was drawn on?

If the check is made payable to you, Jane, and Mary, and only Mary endorsed it, in my opinion the bank the check was drawn on should not have negotiated it.

The keyword here is "AND". In the event the checks has only the names or has "or" then OP may be out of luck.

The OP might be successful getting paid by contacting the payor and let them know that she never received benefit of the check. The payor can then file a claim (forged endorsement is what I'm thinking will work because of the multiple names on the check - also hoping there is an "AND") with their bank since it is payable to all three. Once the bank pays the payor back (the person who deposited the check will have their account debited); the payor can then issue three checks as they probably should have done so.

Hope this helps, take care, ana

 

[strikeinsilence]

Thankfully, the check is addressed to "Wes, Ryan & Bryan". No OR. I've been working with the payor and he's been very cooperative. He's going to call his bank tomorrow to discuss it with them. Thanks for your responses.