Ok..my mother is going through a divorce and one prospective lawyer charged a credit card (without the physical card) before my mother signed the retainer agreement. Now, we got a refund but in a form of a check from the attorneys (check from CitiBank). Since my mother doesn't want my stepfather to later claim 50% of that money she wants to cash it in my bank acct is this possible given that she will be there with me in the bank?
2006-08-02 04:41:12 · 14 answers · asked by christiansareawesome 4 in Business & Finance ➔ Personal Finance
FOR ALL THOSE THAT SAY FRAUD---you should understand that this is not free-easy money I will still owe the credit card company therefore my stepdad shouldn't even touch this money---I'm paying for my mother's bills and also her attorney's fees so technically it's my money but I'm getting it back.
2006-08-02 04:55:29 · update #1
And people---please don't make stupid comments please read carefully my answer and details I'm getting some very interesting points. NO NON NO---this was a prospective lawyer who was going to represent my mother therefore no this check wouldn't be written to my mother and this check is money that was charged against my mother's credit card (which I'm paying for already because my mother is disabled and my stepfather doesn't give her a dime)
2006-08-02 04:57:33 · update #2
It is possible for her to endorse the check over to you, but it's a no-no. If the court ever finds out about it, you Mom will get in trouble (and will have a hard time getting the court to believe her if she ever has another dispute with you stepfather). Hiding assets is very much frowned upon.
2006-08-02 04:46:58 · answer #1 · answered by BigD 2 · 0⤊ 0⤋
She could deposit the check into your account but they may will put a 5 day hold (could be shorter or longer), then the funds will be available.
It coming from an attorney it would be out of their trust account, I found most banks will go ahead an make the funds available.
Wait till you get to the bank to sign it so they can tell you how the prefer it to be signed.
Now this being fraud it's a thin line. Her credit card got charged, so she will have to pay that with the money she got from the attorney. So really she's not getting an extra money.
I'm not sure why the attorney just didn't do a charge back on her card, to avoid all this. Also if she has a good attorney they can put any money earned during separation will not be counted as part of the "Martial property/funds". Of course his attorney will have to agree to it but it can be done
2006-08-02 04:48:57 · answer #2 · answered by ktwister 4 · 0⤊ 0⤋
It's okay to deposit money into anyone's account. Be careful about this, though. Is the check payable only to your mother? If it's written to both your mom and stepfather, your mom could get busted for forging his name on a check. Also, even if the check is only in your mom's name, is there any possibility at all that your stepfather could find out about this? If he does, and tells his lawyer, there could be a possibility that his lawyer will subpoena your bank records to see if your mom has been siphoning joint funds into your account.
Ultimately, your decision, but know the risks.
2006-08-02 04:49:22 · answer #3 · answered by SuzeY 5 · 0⤊ 0⤋
Since it's made out to her, she will have to sign it as an authorization. Since it's your account, you will have to sign it to authorize the deposit. As long as both of your endorsements are on the check, you should have no problem.
(Which is why you are never supposed to sign a check until you are at the bank. If someone picked it up with your signature already on it nothing could stop them from depositing it in their own account.)
2006-08-02 04:45:59 · answer #4 · answered by Robin J. Sky 4 · 0⤊ 0⤋
First off, that's fraud and if your stepfather's lawyer finds out, your mom could be in some pretty serious legal trouble for trying to hide assets. If you don't fear heavy fines and jail time - and remember there will be a record of this refund - she can sign it over to you and you can cash it.
2006-08-02 04:45:40 · answer #5 · answered by Lex 7 · 0⤊ 0⤋
She will need to sign it over to you and be present when YOU cash it. And you bank will only cash it, IF you have the money in your account to cover the amount. Unless the lawyer uses the same bank as you.
2006-08-02 04:45:58 · answer #6 · answered by Quietman40 5 · 0⤊ 0⤋
If the check is made out to her, yes, she can sign it over to you, or me if she wants :)
Anyone can deposit money to your account. Though the bank may put a hold on it until it clears as it will be a third-party check.
2006-08-02 04:45:03 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes it is possible all you need is her signature and Id and a postive amount money on your account and make sure you also sign the back of the check other wise should be no problem
2006-08-02 04:46:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋
She will have to endorse the check, then you endorse the check and deposit.
Paper trail through copy of check is that she gave the money to you.
2006-08-02 05:39:15 · answer #9 · answered by voandginger 4 · 0⤊ 0⤋
Just have her sign the check over to you and of course you can put it in your account.
2006-08-02 04:45:36 · answer #10 · answered by allknowing 4 · 0⤊ 0⤋