• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Check cashed by someone else, and they want me to send another check!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

2MD

Junior Member
2MD doesn't have any PROOF that he sent a check to the deceased person...the empty envelope text isn't proof that a check was ever in the envelope.

A criminal complaint to the police and a report of fraudulent transaction to his bank will solve this fairly quick.

I see your point. Don't you hate it how craps just happens and drags you with it ..
Unfortunately paying the $70 will not fix my anxiety issues, as that itself causes another set of problems for me ..
I guess I just call back my bank ask them to investigate it ..

Thank you all. Will keep you updated.
 


zddoodah

Active Member
I'm curious about something. You said that you wrote the check in March, that the payee died in July, and that the check was negotiated in September.

Why, when the check had not cleared your account in April or May or June or July or August, did you not follow up with the payee to try and find out why he hadn't negotiated it?

Also what was the purpose for which you wrote the check?
 

Just Blue

Senior Member
I see your point. Don't you hate it how craps just happens and drags you with it ..
Unfortunately paying the $70 will not fix my anxiety issues, as that itself causes another set of problems for me ..
I guess I just call back my bank ask them to investigate it ..

Thank you all. Will keep you updated.
You might find it ...rewarding...to assist in finding the scuz bucket that would steal from a dead man. :)

It would be interesting to find out how this ends...Thank you.
 

Zigner

Senior Member, Non-Attorney
Why, when the check had not cleared your account in April or May or June or July or August, did you not follow up with the payee to try and find out why he hadn't negotiated it?
It's becoming more rare in this day and age for people to reconcile their account.
 

quincy

Senior Member
I see your point. Don't you hate it how craps just happens and drags you with it ..
Unfortunately paying the $70 will not fix my anxiety issues, as that itself causes another set of problems for me ..
I guess I just call back my bank ask them to investigate it ..

Thank you all. Will keep you updated.
If the $70 check was dated “March” and the postmark on the envelope is March, April, May, June or July (prior to the recipient’s death in July), and if in addition the check number is not out of sequence to other checks written at the same time, that is a pretty good indication that the check was received by the deceased person prior to his death, even if it was cashed by someone after the payee’s death.

The bank can probably figure it out - but if I were 2MD, I would not want to have another $70 withdrawn from my account.
 

2MD

Junior Member
I'm curious about something. You said that you wrote the check in March, that the payee died in July, and that the check was negotiated in September.

Why, when the check had not cleared your account in April or May or June or July or August, did you not follow up with the payee to try and find out why he hadn't negotiated it?

Also what was the purpose for which you wrote the check?

This is an annul ground fee that I owe this person and have been paying the same amount for the last 12 years, every year. The deceased gentleman had a habit of waiting months before cashing the check. He was old, I can't imagine him doing online banking and it was probably too much trouble for him to go to bank for $70. I was used to not have my check cashed so there was no cause for concern. In any case, I believe most cases you have 6 months to cash a check?
 

PayrollHRGuy

Senior Member
If you haven't already done so get a copy of the check front and back from your bank. Give the estate a copy and suggest they contact the police.
 

2MD

Junior Member
Ok, so I just called my bank and asked them to open an investigation. They said they will investigate, and they went a head an refunded the money to my account. So that was easy. They said it is up to me if I want to send another $70 or not. I think I would wait to see if the investigation finds something (someone) first.


If you haven't already done so get a copy of the check front and back from your bank. Give the estate a copy and suggest they contact the police.
the copy of the check is viewable online, so i have it. and i did send copy to the person in charge,
 

PayrollHRGuy

Senior Member
Ok, so I just called my bank and asked them to open an investigation. They said they will investigate, and they went a head an refunded the money to my account.
Wow, they must know they screwed up. Keep in mind they can resend that credit to your account should they find themselves not at fault.

the copy of the check is viewable online, so i have it. and i did send copy to the person in charge,
Print out a copy or two.
 

2MD

Junior Member
If anyone screwed up, must be the bank where the check was deposited. They did not check ID, it seems. The check was signed as FDO (for deposit only) and not really cashed. So it's a matter of phone call from my bank to the other bank to see who owns the account where the check was deposited. Right?
I am almost sure this is some kind of misunderstanding on the side of the person in charge of estate. Possibly the deceased person (being old and sick) had given someone else power of attorney to take care of his banking and the estate guy is not aware of it.
 

Zigner

Senior Member, Non-Attorney
If anyone screwed up, must be the bank where the check was deposited. They did not check ID, it seems. The check was signed as FDO (for deposit only) and not really cashed.
There's no need to go in person to deposit a check.
So it's a matter of phone call from my bank to the other bank to see who owns the account where the check was deposited. Right?
Nope, without a court order, they won't release that info (nor should they).
I am almost sure this is some kind of misunderstanding on the side of the person in charge of estate. Possibly the deceased person (being old and sick) had given someone else power of attorney to take care of his banking and the estate guy is not aware of it.
If that were the case, then the money would still have gone in to his (the dead guy's) account.
 

quincy

Senior Member
If anyone screwed up, must be the bank where the check was deposited. They did not check ID, it seems. The check was signed as FDO (for deposit only) and not really cashed. So it's a matter of phone call from my bank to the other bank to see who owns the account where the check was deposited. Right?
I am almost sure this is some kind of misunderstanding on the side of the person in charge of estate. Possibly the deceased person (being old and sick) had given someone else power of attorney to take care of his banking and the estate guy is not aware of it.
It appears you have the luxury right now of waiting to see what happens, if the $70 is back in your account.
 

LdiJ

Senior Member
The check was for just $70 .. I am really surprised that they are even after this .. I am surprised at my self for just not sending another $70 and call it a day specially since I am suffering from anxiety. I guess I just didn't like the way I was approached. They are blaming me for the issue and saying their "lawyer" is saying I should send another check. Who discusses a $70 check with a Lawyer? The person in charge if the estate had texted me an image of the envelop that I had send to the person, so I know it was delivered to his address. What happened to the check, who knows! They are also claiming that my enveloped had another check in it that had bounced, but when they sent me the image of this other check, it wasn't even mine. It was from some guy in NY I have never heard of. Seems to me the estate is lost and doesn't know what they are doing .. people just wasting my time and now my anxiety level is over the roof...
You should not let yourself have any anxiety over this issue. The check clearly got to his address, it was cashed, so it's an estate issue. It is also clear that the other check wasn't yours, so you should not get anxious over that either.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top