Checks are negotiable instruments that permit the transfer of money from remitter to payee. Checks are considered a promise to pay; meaning, they are not guaranteed forms of payment like Money Orders or Cashier’s Checks. Since it is a promise to pay, many factors determine if a check can be accepted for deposit or cash. One of those factors is having a correct endorsement.
The remitter is the person who wrote and signed the check. The payee is the person getting paid. The payee signs the back of the check. This signature, or endorsement, concludes the negotiation of the check. This means the transaction is finalized.
To assure that a check is processed without delay or failure, it is important to endorse the checks exactly as intended by the remitter. The bank accepting the check should be looking for the correct endorsement, but here is a run down of basic rules for personal checks.
The most common type of endorsement is a when the payee signs the back of the check and then presents it for cash or deposit. This is called a blank endorsement. Ironic, I know. It is considered “blank” because there are no additional instructions or limitations; the check can be deposited or cashed.
Instead of signing your name on the endorsement line, another option is to write “For deposit only” on the back of the check. This is called a restrictive endorsement because it is declaring the check limited to deposits, meaning it can not be cashed. You may choose to present the check for deposit without providing an endorsement of your own. In this case, the depositing bank may mark the check with a stamp. Verbiage will vary, but will read along the lines of, “Pay to the account credited within Name of Bank.” This is similar to the payee writing “For deposit only” and is considered a restrictive endorsement.
A special endorsement is used when the payee wants to give their check to a person not named by the remitter. The payee must first endorse the check and then write, “Pay to the order of First Last name.” The new payee then endorses the check and presents it for payment. Due to the risks involved with cashing such checks, it is up to the financial institution’s discretion whether or not to accept the check, and how to do so.
When there is only one payee named on a check, that one person alone has the right and responsibility to endorse the check. However, when multiple payees are listed, ownership of the funds depends on how the remitter wrote the check. If the names are connected by the word “AND,” all payees must endorse the check. If the names are connected by the word “OR,” then only one of the payees must sign. This is the same rule if the check reads “AND/OR;” one or all payees may sign. If names are simply listed, perhaps connected with commas but no words, it is at the bank’s discretion to interpret this payee designation as either “AND” or as “OR.” It may be safe to have all payees sign, but whenever it’s up to your bank’s discretion, it’s always best to make a call to your local branch and find out its policy. Like I love to say, knowledge is power!
Tags: checks, endorsements, pay to the order of, payee
I want to know if i can endorse a check which says in the endorsment area “FOR DEPOSIT ONLY FOR ACCOUNT OF NAMED PAYEE” I live in Argentina and I want that another person who travel to USA to cash it. Sorry about my english and thanks in advance for an answer.
Hi Jose. If a check says “For Deposit Only” then it cannot be cashed. It must be deposited into the account of the named payee. Thanks.
How can i add an endorsement to a check I writing to a company to ensure that by endorsing (cashing) the check they acknowledge that they accept it as payment in full and cannot thereafter bill me for additional charges?
That is something you’ll have to work out with the company you’re writing the check to, Robert. The check is simply a method of payment, and can’t be used to negotiate any business the involved parties have.
What happens if you receive a copy of a check front & back and was made out to a homeowner and your business and was cashed without your business signature, or was forged
I would recommend contacting both the remitter of the check, and your bank about that, to see how they need to proceed.
What are the legalities when a company is incorporated but the payee on the cheque to them does not have Ltd ie.ABC Company
In general, the check must be made out just like the name on the account, however, you might contact your bank to see if missing that last part would affect their ability to deposit it. If it’s just missing something such as Ltd, Inc, or LLC, then they will likely still accept it.
Ok i got a question if you have a check with no ones name on it but it has a banks logo with the checks number at the bottom. Just to remind nobodys name is on check. Can you cash said check or would it be illegal or sonething
Legally the check is not made out to you, and should not be cashed or deposited. If it was a mistake on the remitter’s part, you’ll want to contact them to get a new check issued. If you found the check, I would contact the bank it’s drawn on so they can inform their customer.
Hi Amanda,
Can a check which is addressed to me, be signed by my friend and deposit it to Bank Of America account? I am not in the country and will be unable to endorse the check myself. However, my friend can collect it, endorse it and deposit it to my account. Please let me know if this can work. Thanks for your time and help.
They should be able to deposit into your account, but not receive any information about the account. They should just take it into the bank, and they will likely have a stamp that they can use in lieu of your endorsement.
A check issued in my name was endorsed (signed) and given to my mother for deposit into her bank account ( I am not in the account), the bank refused to accept sitting internal guidelines, which when asked to present them they refused. My understanding on this was that as long as the check is endorsed by the original named person, it can be given to another as for deposit, especially if I was present at the bank with the account owner. Am I wrong?
You’re not wrong, Eduardo, however, as mentioned in a few other comments, some banks (including CNB) may not accept a check that is signed-over in this manner. You’ll want to contact your branch directly before signing a check over this way to make sure their policies allow it.
my bank deposited my check without my endorsement into soneone elses account.arw they liable for that?
I would most certainly contact them right away, Cate. They will need to know as much about the check as possible in order to get it credited to you.
Hi,
I paid off the secure deposit for the rent, but when we moved out, the refund check was written
to both my roommate AND me as payee. The roommate has moved to other state, and refuses to endorse the check as he doesn”t have any stake in it. What if the property manager (land lord) doesn”t reissue the check, and the roommate don”t sign it. What can I do for this situation?
P.S. I kept all the receipt of money order for the deposit I made.
Thanks.
If you’re unable to get an endorsement from your former roommate, then unfortunately you’ll need to get a new check issued in order to get these funds.
Hi, we have a homeowners association. The person writing the check for their dues abbreviated the word association. When I started to endorse the check to deposit I wrote out association, realized my error, lined thru that then proceeded to sign it as stated on the front with Assoc. abbreviated. My bank is not sure that is good to do. They suggested to use white out of the mistake. I thought a line thru was better than white out? What are the rules? The check writer has gone to his winter home and it is not possible to get another check anytime soon. Suggestions? Thank you, Sharon.
If your bank was willing to accept it with white-out, then it should be okay, Sharon. I tend to agree with you that a line through it with your initials would be preferable. The endorsement should match the way the name appears on the account, though abbreviating “association” should not be a big deal.
I am concerned with the restrictions or admonishments intended by the endorsement “Without Prejudice” then the signature or the payee.
Can you advise me please?
This is rare, and usually used in connection with a legal dispute. If you have a check made out this way, I would recommend contacting your attorney to find out the specifics of the restriction.
Hi Amanda, I live outside the USA. I endorsed my US Tax Refund check “Pay to the order of XXX” and signed below that. Now Mr. XXX does not want the check and has returned that to me. How can I deposit the check in my account? Do I need to just cross out the “pay to the order of XXX”? Or can I just write on that “for deposit only”? I would like to not have to request a new check from the US Government since this will take a lot of time. My foreign bank is open to depositing the check in my account but says that they can not be sure how the US bank will react to changes on the back of the check. What do you suggest?
If your bank is willing to accept the check, then you can deposit it, Craig, but it’s a gamble since the US Treasury is very particular about endorsements. Even though it may take awhile, I would still recommend contacting them to get a new check issued.
Hi Amanda,
We just received our state income tax refund. It is made out to my wife “and” me. My wife is travelling on business for the next few weeks. Can I deposit the check in to our joint account with just my signature? Can I write “For Deposit Only”?
Please let me know if and how I can deposit the check without her direct signature.
Thanks!
Hello, Tom! US Treasury checks are particular about the endorsement, and must have you and your wife’s signature on there, so unfortunately you’ll need to wait until you’re able to get her endorsement before depositing the check.
If I take a check to my bosses bank and cash it,what does the bank put on the back, I have always been curious about how things work, I watch a lot of how it”s made on t.v.
They might be putting your ID information on there, Lewis, that way they can demonstrate that they properly identified you before cashing the check.
Hi, I want to transfer a check but in the back it only has one line
There should be enough space above the line for the full endorsement, Marshely, but if not, you might bring the check in so we can see what might work best.
What if the check says apply to account and then numbers?
In that case, Diana, the check would need to be deposited into the account listed on the check.
I still don”t get the “for the deposit only” thing tho!!! So you cannot cash it? It should be deposited to your account??? What if i don”t have my own bank account? But the check is really for Me??? I still can”t cash it myself??? I”m super confuse!!! Really need help! Thanks!!! Sorry bout my english, ”s not my 1st language.
Hello, Kris. If you are intending to cash the check, then you will not want to write “for deposit only.” You will need to sign your name for the endorsement if you are cashing it.
when multiple payees are listed for example john smith c/o joe letterman can one person dep that check with out both signatures
It will depend on how the account is set up, Vince. If Joe is listed on John’s account, then he can endorse it and deposit it on John’s behalf. Otherwise it would require endorsement from John, or a restrictive endorsement if allowed.
We are the Representative Payee for our disabled clients. Some of the clients receive checks. Some of the clients are incapable of endorsing their checks.
We deposit the checks into a representative payee account on their behalf as allowed by the Social Security Administration.
What is an acceptable form of endorsement on the checks in these cases.
A representative payee account can only accept deposits from Social Security, but as long as the checks are from there, you should be able to endorse the check by signing your own name, and then including “rep payee” with the endorsement.
I am sole practitioner lawyer. I settled a case for $1MM. I had check made out to my clients (6 of them) and my firm. I used the word “and”. I endorsed the check as “deposit only” and deposited it into my firm”s IOLTA (trust account). None of the 6 clients endorsed it. BofA returned the check saying that it was not endorsed properly. I deposit all my settlement checks this way. This has NEVER happened to me. Now, I must wait for the copy of the check or something to come back to me, to then have one of the clients endorse it (even though there will be no way for BofA to know if it is actually their signature) and re-deposit it. Is this correct? Customer service said it was “bank regulations.” I cant find them. Moreover, I pointed out that the regulations must have changed since 5/28, since I deposited a check the exact same way then with no problem. Is this correct? Where can I find these “bank regulations”?
This is something you’ll want to discuss with your bank, but checks made out to multiple parties with the word “and” in between must be endorsed by all parties.
If I accept a check with a special endorsement, and the check bounces, can the person who transferred the check to me via special endorsement be held responsible for restitution? Or, is my only recourse to try to get payment from the person who wrote the check originally?
Hello, Pat! If you accept a signed-over check as payment, and it does not clear, this would be something for you to work out with the person who signed the check over to you.
Can I give my account payees only check indorse to someone I knowthen my representative will the one who give it to the bank but still it will be deposited to my own bank account, can the bank honor it?
In general, anyone can make a deposit to your account. They would not be able to get any information about the account, such as the balance, nor can they get cash back from the check, but they can certainly bring the check in for you and we’ll get it deposited into your account.
CAN A CASHIERS CHECK MADE OUT TO A BUSINESS BE LEGALLY CASHED WITH A PERSONAL ENDORSEMENT BY PERSONNEL WORKING FOR THE COMPANY EVEN IF THEY ARE AN OFFICER OF THE C0MPANY
A check made out to the business must be deposited into the business’ account. At that point, someone with authorization on the account may withdraw cash, but they would not be able to directly cash a check unless it’s in their own name.
A Checking account is a Personal account and I have a business. Is there a way without opening a business account to deposit this check into this personal account. special endorsement? Or do I do a DBA Account
If a check is made out to your business, it must go into a business account with that name attached, whether that’s a DBA or an account under the business’ name and tax ID number.
Can I deposit a check made out to me and my husband in my joint account with my son that has the same name as his father due to the fact that he”s overseas traveling and I don”t have his signature?
If the check lists your name and your husband’s with the word AND, it must go into an account that both of you are on. If it says OR or nothing at all between your names, then it can go into an account in just your name, depending on your bank’s policies.
If it is marked “For Deposit Only,” can the check be endorsed and then add the special endorsement for another person, so they can deposit it into their account?
Thanks
This would not be something you’re able to do, Jorim, as the nature of the restrictive endorsement is to prevent that very thing from occurring.
I have a personal check from an employer the payees are myself OR my step mother we wrote deposit only on the back just so no one else could cash it but if we go to the branch to cash it can I waive the restriction?
Hello, Trish! Your branch may allow you to cross this out and sign the check, but the nature of the restrictive endorsement is to prevent it from being cashed, so it will likely need to be deposited. The good news is that since the check specifies “or,” it can be deposited into either of your accounts!
I have a check made payable to my daughter, who has no bank account, she has endorsed the check made payable to me.
My bank will not let me deposit this check unless my daughter is present and has her finger prints taken.
I have been a depositor at said bank for over 20 years.
Does their refusal mean that they do not trust me?
I certainly have taken it to mean such!
Really is this a common practice?
This is a fairly common practice, Jerry, and even though they may know and trust you, bank employees are trained to strictly follow their procedures in order to avoid mistakes that put the bank and its customers at risk. Each institution is different, of course, but unfortunately with the prevalence of fraud these days, checks require more scrutiny than they did in years past.
How do you cash an endorsed check without the original payee being present.
The payee would need to be the one to cash that check, Darius. If it was signed over to you, you may be able to cash it, but many banks, including CNB, will not accept a check that is endorsed this way.
If someone only writes “Deposit only” but doesn”t sign the check, is this considered enough of an endorsement?
Hello, Tammy! For the most part, this would be sufficient as long as the check is being deposited, though there are circumstances where a bank may request an actual signature. If the check is being cashed, it would require a signature from the payee.
I received a check in the mail addressed to myself. Above the authorized signature it says for deposit only. Can it be cashed or can the check be a scam to get my information
Hi, Rosalinda! Checks received by mail that you were not expecting almost always turn out to be fraudulent. Oftentimes the party that sent you the check will contact you, saying that they wrote it for too much by mistake, and ask that you send them money back. Then the check is returned as counterfeit, and you’re out the money. If you ever get a check that you’re unsure of, please bring it into your local bank branch so that they can review it.
Hi Amanda
the rules of check endorsement are the same even if the check is for more than $60,000usd?
or the bank will require more information from the remitter?
thanks
The rules for endorsement will remain the same, Octavio, however, more information from the payee may be requested when the check is presented, particularly if the check is going to be cashed rather than deposited.
I I do work and they are suppose to pay me cash but right a check and I sign it ,then they give me cash, does this count against me as contract labor because I agreed to cash?
I would recommend consulting a tax professional with this question, Jessica.
I have a check i would like to deposit to my business account that is not under the business name, but under the registered agent and treasurer of the corporation that takes care of the business accnt. Can i still deposit it?
In general, a check going into a business account must be made out to that business. You may need to contact the party that issued the check to see about getting a new one made out to the business rather than individual agents.
Received a very small settlement check from Insurance reimbursement less than $500 more than $100 with instructions must be presented to the Bank for pay. Is this literal? I am states away from the nearest bank check written on. Or is this just a scam? thank you
I would recommend contacting this insurance company to clarify this, Cherrilyn. This could simply mean that they want the check deposited rather than cashed in order to provide a better paper trail of who received the funds from the settlement, but without seeing the check, I can’t say that for sure, so you’ll definitely want to ask about this before negotiating the check.
I want to sign a check over to my dad but it’s written to me, in my name. How do I sign the check over to my dad?
You can consult the second-to-last paragraph in the post regarding special endorsements for instructions on how to endorse the check to him. Please be advised that many banks, including CNB, may not accept a check that is endorsed this way, so you will want to check with your bank before doing this.
who signs if the check says TR between names?
That is not something we typically see, Bill, but if I had to guess, it likely refers to either a trust or a transfer. I would suggest contacting the remitter on the check to find out why they included that.
check from a insurance company comes with a back of the check stipulating it must be signed in the block for signature provided. this is a check made out to one person (ME), not a contract. Will writing For Deposit Only be satisfactory on the back in depositing this check? It is being returned via snail mail to ME for a signature as I used an ATM to make the deposit as I have many times without signature, it all is recorded anyhow electronically as a deposit, I never carry a pen and I have never had a check returned (this decision was made by MY Credit Union because it was issued from an Insurance Company as the only reason for freezing the deposit and not honoring the check after the ATM deposit transaction). hope this made sense !!
I get what you’re saying, Craig. Insurance companies and government entities tend to be more particular about endorsements, and may require an actual signature rather than a restrictive endorsement such as “for deposit only.” For this reason, many institutions require the endorsement in order to avoid the check charging back. I hope this helps clear that up!
If I write a check to myself, on my own checking account and sign the check, am I required to endorse that check in order to receive the funds?
Hello, Andy! Since you are the payee of the check, you would be required to endorse it, even though you are also the remitter.
if the remitter/drawer is cashing his own cheque and writes his name as the payee should he sign the back of the cheque?
That’s correct, Michael; since the remitter is cashing a check made out to them, they are also the payee, and therefore must endorse it.
If a cashier\’s check says Re:and two names under the payee what does that mean?
Without seeing the actual check, it’s tough to know for sure, but in general, a check made out to two parties should be endorsed by both parties. The final paragraph of this post will provide more details about this, and if you have further questions, you’re welcome to bring the check in so that we can take a look!
I have a payee and my name and than her name is on the left hand corner am I able to write a check and sign it
If you’re referring to a representative payee who is responsible for managing your Social Security funds, then you would not be able to write checks; only the rep payee is allowed to do that. If that is not the case, feel free to bring the check into one of our locations, and we would be happy to look it over and determine whether you’re able to sign.
I received a check for 1900 to work for someone but they only want me to deposit the check and not cash then deposit…. Does that sound strange?
Hello, Maria! There could be a perfectly legitimate reason for them to request this, such as they’re waiting for a deposit to go into the account that isn’t there just yet, but I would personally be highly skeptical taking a check with those instructions. If you don’t know the remitter very well, I would recommend asking for an explanation, and if you’re not satisfied with the answer, decline to accept the check.
If I (the purchaser) endorsed a check mistakenly, will I still be able to get a refund for that money order?
Great question! In most cases, you would be allowed to bring the money order back, and write “not used for intended purpose” on the endorsement line. We would then be able to either deposit the funds back into your account, or swap it out for a new money order (subject to an additional money order fee).
Hi,
I have a Commonwealth of PA Dept of Treasury check made out to my grandmother whom I write her bills and manage her check books due to her disability, if she endorses the check to me will I be able to cash it without her present? She is not mobile therefore is not able to be present to sign the check if needed.
Thank you in Advance
Good morning, Jamie. Do you have Power of Attorney for your grandmother by chance? If so, as long as banking authority is granted in the document, you should be able to conduct business on her behalf. If you don’t have that, you might look into it, as it might make these situations a little easier on both of you. You likely would not be able to cash the check without her present if you don’t have Power of Attorney, but should be able to deposit into her account for her. If you have further questions about the situation, I would recommend giving your bank a call so they can see what can be done based on their specific policies. Thank you!
Insurance check was issued to a private individual and a corporation. Individual endorsed the check and cashed it with one signature. Chase cleared the funds and now telling us that they will not reimburse the company without a court order, even though they admitted it should have been returned. Check was written with an \\\”and\\\”. I\\\’m not sure what else to do, other then take Chase to court.
As far as the endorsement goes, the word “and” does indicate that both parties should endorse the check. As for the recourse of the funds, we are unable to provide advice of that nature, so I would recommend consulting a legal expert for further clarification.
A check is not a promise to pay. That is a promissory note.
The term “check” means a draft, other than a documentary draft, payable on demand and drawn on a bank or a cashier’s check or teller’s check. An instrument may be a check even though it is described on its face by another term, such as “money order.” See Section 3.1071(6) Uniform Commercial Code
We have a $50 check made out to both my husband AND me. We both signed the back. I just tried to cash it. The bank says he has to Accompany Me To The Bank! So that means I either have to take time away from work, or haul him out of bed (we work different shifts). He and I both have personal accounts at the bank, PLUS a mortgage together at the bank (the check was actually from the title company) just not a joint savings account!
So apparently signatures are meaningless these days.
Hi Wendi. If you are not depositing the check into an account where you’re both owners, the bank may request that you both be present to cash the check in order to confirm that both parties agree to the transaction.
I got my refund and spent on bills and then the bank sent me an email saying We believe a check you deposited/cashed will not be paid because we are unable to verify the endorsement of the payee. Now my account is negative the refund check amount. What does this mean.
It likely means that the party who issued you the check had it returned due to a lack of endorsement. I would recommend getting in touch with your bank for further details.
Hi I just got my stat check how can I endorse it to my husband so he can deposit it into his account
I would recommend that you consult your bank for their specific policy. Many banks, including ours, will not accept a signed-over check, and instead would need it to go into an account that the payee is an owner of.
I have to make check payment to the unregistered business having name ABC, but I found the same business name of a different person in other regions the country and pointed it out to the payee then he gave me his TIN (Tax Identification Number). Now my question is whether I should draw check as “ABC with TIN (….number)” or look for other way to fix the uniqueness of the business. What are other ways?
I would have the payee ask their bank how they would like the check to be made out, and then write it that way and be very careful that you’re sending the check to the correct business.
You have stated multiple times that a check made payable to a business must be deposited to that business account. Where can I find this? We have multiple customers that tend to want to co-mingle business and personal funds and I want to be able to give them and the employees a publishing on why this is not allowed. Evidently certain tellers have allowed it in the past if the individuals name was incorporated into the business name like Rons Dry Cleaning. What are your thoughts on the following scenarios?
1. Sole owner has check made payable to him personally-wants to deposit check to his business account. If he endorses individually, can we do this?
2. Sole Proprietor wants to deposit both personal and business payable to checks
3. Sole owner wants to deposit check made payable to business into personal account by endorsing over to the them individually on behalf of the business.
Hello, Brooke, and thank you for the questions. Most of our check policies are based on recommendations from the Kansas Bankers Association. I would suggest you contact a similar organization in your state for guidelines. I will answer your three questions based on our bank’s policies.
1. If it is a sole proprietorship, the business account will likely be titled something like “John Doe, doing business as Doe Construction.” In that instance, a check made out to either the business or John himself would be fine to deposit into this account. If it is not a DBA (doing business as) account, then the customer will need to deposit a check made out to him into his personal account.
2. Same situation here; if it is a DBA account, the owner should be able to deposit checks payable to the business or themselves.
3. Typically, we would want that customer to deposit to the business account, and then transfer the funds over, but other banks may have different policies for this scenario.
Good Morning From California, My Friend recently found a Personal Check that was properly written out from Person A to Person B with Person B endorsement on the back of the check alone. Of course my friend doesn\’t know person A or B and argued since the signature of the payee was on the back, this made it legal tender for whoever the bearer of the check was. So is he legally able to cash or deposit the check without any repercussions?
Your friend should absolutely not attempt to negotiate this check if he is not “Person B.” This would be considered forgery, and is a very serious offense, not to mention the fact that “Person A” has likely placed a stop payment on the check since it was lost. The best course of action would be for your friend to destroy this check. If he wanted to go the extra mile, he could call the bank that it’s written on to let them know that he found it, that way they can inform their customer.
Hello, I just opened a checking account.. I sent a bill pay check to be paid to CNB and on the memo line I put opening deposit for #xxx. Did I do that correctly or was I suppose to put my name as the payee with cnb address? I didn\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\’t sign the check American Express sent it on my behalf.
Hello, Shae. If you’re wanting to send funds to your account, you will want the check made payable to yourself, and not CNB. I did look into this a little bit more, and I understand that you’ve been working with Christy in our online services department, and she will make sure you’re taken care of. Thank you for choosing Central National Bank!
I have received a check from my insurance company for damages I had to my property. I have purchased this property with a promissory note on which there are two names holding the note. The insurance company made the check out to my name and the other two names. The other two note holders have personally endorsed the check. My bank won\’t accept the check without the promissory note holders present to identify their identity. They live hundreds of miles from me. What can I do?
If your bank will not accept the check the way it’s made out and endorsed, then you might try to get in touch with the insurance company to see if they would be able to issue a new check that is just in your name. Otherwise, this is going to be between you and your bank.
I have a loan at a bank. Does my loan payment check have to be made payable to the bank? Or, can I make it payable to the borrower name (my name) on that loan for the payment to be processed? I.e. payable to Joe Smith vs. Wells Fargo?
Good morning, Lori. For a loan payment, we would typically accept either, but I would suggest calling your bank to find out for sure what they prefer.
I am the administrator of my parents\’ estate. In disbursing the majority of it, I was concerned about what some of the heirs might do…so I typed the following restrictive endorsement on the back of each of the cashiers checks:
By signing, I confirm I will never bring any action, lawsuit, or claim against the Wills, Trusts, or Estates of (my parents\’ names), nor their administrator, trustees, or beneficiaries.
One of the heirs whited out the restrictive endorsement and deposited the check in his account without signing it.
Is it legal to tamper with a restrictive endorsement in this manner?
I assume you can still deposit a check to your own account without signing it, but shouldn\’t the bank have stamped it?
The back image of that check only shows the clearing information from the bank(s).
Thanks for your help.
Typically a restrictive endorsement would only be used for banking-related restrictions, such as “for deposit only,” or “deposit to account 12345.” What you’re describing sounds more like an agreement or contract that goes beyond the usual purpose of a check endorsement. We are not able to provide any sort of legal advice here, so I would suggest you contact an attorney to discuss this matter further. Thank you!
Thank you for the information.
Can you comment of if it is legal or illegal to tamper with what the payor wrote on the back of a check?
Thanks again…
With the check being made out to them, it would be their responsibility to endorse the check, not the party that issued the check. There are circumstances where a payee’s endorsement might be modified, but as for the legality of your specific situation, I’m afraid you’ll still want to consult legal counsel.
We had to stop payment on an employee\’s paycheck (long story). The MOM of the employee took the check to a check cashing place. He supposedly signed the back (but the signature doesn\’t match what I have in our employee files – it\’s close though). He did NOT sign the check over to her. They cashed the check. Now they are claiming we have to pay them under the \”holder in due course\” or whatever the proper wording is. However, because most banks will not accept a check that has just been signed, much less signed over to the person, and plus – there was no way they could prove the validity of the signature, can they really say they cashed that check \”in good faith\”? THANK YOU FOR YOUR HELP!!!
I would agree that the business should not have cashed the check for the payee’s mother without it being properly endorsed over to her. As for who is responsible for the funds, you did have a stop payment in place on the check, and that business assumed a certain amount of risk by agreeing to cash the check in the first place, but we can’t provide legal advice, so I would suggest you send their letter on to your attorney for review.
If a joint account is opened and one of the names when opened is Jane Doe. Jane Doe gets married, and her name is Jane Doe Smith. A check is made out to Jane Doe Smith, however the account is still in Jane Doe, she has not gone and updated her account. Can someone deposit a check in that account made out to Jane Doe Smith, without her signature?
This is a great question, Blane, and one that comes up frequently. I can’t speak for other institutions, but our bank would require a copy of the legal document, in this case a marriage certificate, along with a copy of either a state-issued ID or a Social Security card reflecting the new name. We would then have the customer sign a form, primarily so that we have an updated signature on file. At that point, we would be able to accept checks in the customer’s new name. I would recommend that Jane consults her bank to find out their specific policies for this situation.
I have a ? If I receive a check with my name on it and went to cash it and got the money,but didn\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\’t sign the back of the check with my signature and the cashier told me to put my social security number in key pad twice dose that means I can say I didn\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\’t get the check without my signature signed on check
It sounds like wherever you cashed the check took down documentation that you were the one presenting it, Shenell, so if you claim that you never received the check, the maker will be able to tell that it was cashed, and the place you cashed it will be able to demonstrate that it was done by you. Claiming that you never received it could easily be proven to be false.
what if you receive a state check made out to a minor and the name of the parent is under the minors name but it has a % symbol in front of parents name.
pay to the order of xxxx xxx
% xxx xxx
Are you sure that the percentage symbol isn’t actually c/o, Anna? That would indicate “care of,” which makes sense given the nature of the check. If so, that would mean the check is for the benefit of the minor, but can be negotiated by you. I would consult your bank to find out what their policies are for negotiating this sort of check – some may require it to go into an account specifically for the minor’s benefit.
I am the executor of my mother\’s estate. I received a check made out to \”estate executor\” and \”my name\” under that line. I endorsed the check \”For Deposit Only\” next line \”my name\”. My wife took the check to deposit into our checking account, not an estate checking account. It was refused. Can I present the check to my bank and mark out \”For Deposit Only\” and cash this check? Will this change be accepted if revised in a bank employee\’s presence? I believe the UCC code 3-206 covers this type of change in endorsement. Thanks.
I wouldn’t think the endorsement would be the issue with that, though it is up to the bank whether to accept it once you’ve altered the endorsement. Without seeing the actual check, it could be that they wanted it deposited into an estate account rather than a personal one. Banks tend to be very careful with trust and estate accounts, so I would probably recommend contacting a manager at your local branch to talk it through and find out what must be done to negotiate this check.
If a payee returns a check to the payor because it was a duplicate payment, but the check was electronically sent (on-line) by payor\\\’s bank, how can you put it back into your account as unused when it is made out to the payee?
I could be misunderstanding, Ed, but it seems like they were paid both electronically and by check, is that correct? If so, that check won’t have actually cleared your account, so if that’s the case, you would be fine to just destroy the check, since the payee already received the electronic payment.
I have a check payable as follows:
Jane Doe – Owner
John Doe – FBO
How should this be endorsed?
Without seeing the actual check, it seems that it’s made out to Jane Doe for the benefit of (FBO) John. In that case, Jane would be the one to endorse the check, but I would highly recommend presenting the check at your bank to be certain.
I received a check from someone who\’s checking account is in the US but he is living abroad. I deposited it in my checkings account and after a long hold from my bank (not the source bank), my account manager said they could not release the money since they could not verify the signer of the check. They argued that they could not verify this for fraud since he\’s not living in the US and they won\’t call him overseas. This info came through two days after the funds were actually withdrawn from the source account in other US state. I don\’t understand why my bank can stop an already withdrawn amount, and why do they need to check the signer if they\’re just receiving the money. Is this receiving-bank verification legal and/or required by law? Is there any workaround for this? So far the only option they gave me is to recall the check and transfer the money directly, at expense of the payer. Thanks!
Hello, Jose. If you were unable to get access to the funds after your bank’s hold expired, then it seems unlikely that the check actually cleared, otherwise your bank would have had the funds. It sounds like there’s more to this, such as the bank it was drawn on not paying the check, or (hopefully not), it was fraudulent. I would definitely suggest getting back in touch with your bank to clarify what happened.
How do I login to my account with no SSN number tin number everything got stolingfrom me
Hello, Wanesha. If you are a Central National Bank customer and still need assistance with your Central Online Banking, please either call 1-888-262-5456 or email info@centralnational.com. Someone from our contact center will need to verify some information in order to confirm your identity, then they can assist you.
Can a check be paid to the order of a signatory?
If the type of signatory you’re referring to is an authorized signer on your bank account, then you will not be able to deposit a check made out to them. Only checks made out to an owner of an account can be deposited, unless your bank will accept the check after it’s endorsed over to you. Please contact your bank in order to clarify what their policy is in this scenario.
I have a check from my car insurance company made out to me AND the lienholder for damage to our car. The lienholder said to send it to them with the insurance estimate and a shop estimate and they would endorse it and mail it back. I did and they mailed it back with a stamp on the back stating, \”Pay to the order of\” then a blank line with my name under it and a blank line with the auto shop\’s name that provided an estimate (no AND in between them)\”without warranty or recourse\” and then the lienholder signed it. So my question is does the auto shop sign it as well in order to deposit in my checking or can I just sign it? Because the auto shop is not on the check and we never guaranteed to anyone that was where we were going for the repairs for sure??
Thank you
I would absolutely recommend that you get in touch with the lienholder to clarify what their intentions were here. From what you’re describing, it sounds like they intend for the check to be signed over to the auto shop as payment, but again, this is something you’ll need to be certain of, so please contact the lienholder before doing anything with the check.