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Husbands pay checks cashed by someone else

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minasmom

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

My husband quit his job effective September 1. His company told him that due to policy he would not be paid all of his vacation time, and any commission not due to be paid before his last day would be forfeit. We filed an L & I claim and were denied, so we chalked it up to lesson learned.

Last week we received his W-2 and it seemed higher than it should be, so he requested copies of all of his pay stubs for the year. The last 2 checks were for the vacation and the commission they had said they weren't going to pay him. Instead of "advice" into our bank account, they were actual checks.

My husband told the payroll department that we never received the checks and to put stops on them and reissue. They came back today and told him the checks were cashed.

I think it is suspect that 2 checks mailed on individual days could have been stolen from our mail and cashed, but I guess anything is possible. I am suspecting that his former boss might have received them at the office and cashed them, knowing we thought we weren't going to get the money. Either way, someone else cashed the checks.

The company is requesting copies today to see where the checks were cashed, etc.

Is the company responsible for filing a police report? Are we?
What steps do we need to take from here in order to get our money?
Who is responsible for allowing other people to cash checks in my husbands name? The bank that cashed them/they were deposited into?
Is his company responsible for issuing new checks to us, or do we have to go through some legal red tape with the banks?
Please let me know what steps to take from here, and also to try to make sure the person who did this is held legally responsible.
 


Zigner

Senior Member, Non-Attorney
Is the company responsible for filing a police report? Are we?
Nobody HAS to file a police report, but either or both of you can.


What steps do we need to take from here in order to get our money?
You (either of you) aren't entitled to the money, so no steps need to be taken.


Who is responsible for allowing other people to cash checks in my husbands name? The bank that cashed them/they were deposited into?
The thief.


Is his company responsible for issuing new checks to us, or do we have to go through some legal red tape with the banks?
Why would new checks need to be issued if he's not entitled to the money?


Please let me know what steps to take from here, and also to try to make sure the person who did this is held legally responsible.
You'll probably want to have corrected W2's issued to reflect the actual pay received.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Washington

My husband quit his job effective September 1. His company told him that due to policy he would not be paid all of his vacation time, and any commission not due to be paid before his last day would be forfeit. We filed an L & I claim and were denied, so we chalked it up to lesson learned.

Last week we received his W-2 and it seemed higher than it should be, so he requested copies of all of his pay stubs for the year. The last 2 checks were for the vacation and the commission they had said they weren't going to pay him. Instead of "advice" into our bank account, they were actual checks.

My husband told the payroll department that we never received the checks and to put stops on them and reissue. They came back today and told him the checks were cashed.

I think it is suspect that 2 checks mailed on individual days could have been stolen from our mail and cashed, but I guess anything is possible. I am suspecting that his former boss might have received them at the office and cashed them, knowing we thought we weren't going to get the money. Either way, someone else cashed the checks.

The company is requesting copies today to see where the checks were cashed, etc.

Is the company responsible for filing a police report? Are we?
What steps do we need to take from here in order to get our money?
Who is responsible for allowing other people to cash checks in my husbands name? The bank that cashed them/they were deposited into?
Is his company responsible for issuing new checks to us, or do we have to go through some legal red tape with the banks?
Please let me know what steps to take from here, and also to try to make sure the person who did this is held legally responsible.
This is NOT your money. It is your husband's money. He should file a police report. The person responsible is the thief who stole them. First your husband should get copies of the checks and go from there.
 

justalayman

Senior Member
I disagree. Washington is a community property state. It IS her money as much as his.
it wasn't his money either therefor it cannot be hers as well under community property laws.



there is some shady dealings going on but given the fact they filed a complaint with the state over the money and it was determined he was not due the money, regardless of the questionable activities are, it is still not his money, or hers.
 

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