I have been awaiting a check from social security for a settlement on an injury case.(this has been ongoing for 2 years) I FINALLY recieved a check in my mailbox yesterday, it is made out to my lawerys name first then mine with my address. the problem is this man is no longer my lawyer and hasn't been for over a year. Can I cash the check? or do I have to have him do it because his name is listed first??
2007-04-12 04:37:58 · 8 answers · asked by tlaven2 2 in Politics & Government ➔ Law & Ethics
He has already been paid. I am the one who has been waiting 2 years for this money.
2007-04-12 05:03:21 · update #1
I think your best bet is to call social security and explain the lawyer has already been paid and is no longer your attorney. Ask them to either reissue the check or explain to you what you need to do to cash it.
You can always go to www.legalguru.com for legal questions and answers. they have real attorneys that will answer your questions via email at no cost.
Good Luck!
2007-04-12 05:54:50 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If a check is made out to more than one person, you and to your (former lawyer) or otherwise, it must be endorsed by BOTH people, or the banks might not honor it. Checks like this are made out to attorneys and clients jointly to help keep everybody honest.
The attorney might not be your attorney NOW, but apparently he was during the Social Security proceedings, and as such, is - probably - entitled to a fee of some kind. Bite the bullet and call him, and see if you can work something out.
2007-04-12 04:54:03 · answer #2 · answered by Humberto 3 · 0⤊ 1⤋
You both have to endorse it. They do this so that lawyers that work and get paid after the settlement still get paid. If you already paid your lawyer, there should be no problem, but if his pay was waiting until you got your settlement, then you to are going to have to both endorse the check and he will get his cut. Also, if you forge his name, you would be in a world of trouble, so that would not be a good option.
2007-04-12 04:46:36 · answer #3 · answered by zebj25 6 · 1⤊ 0⤋
You may still owe him fees....did the SS administration know that he was no longer your lawyer? If he has not been paid the check should got o him so he can take out his reasonable..not overcharging fee and you get the rest...if this was just a mistake contact the SS admin and ask for a reprint.
2007-04-12 04:50:14 · answer #4 · answered by Dr. Luv 5 · 2⤊ 0⤋
You either have to have his signature or get the check rewritten. Your present lawyer can get this done for you.
The reason the lawyer's name is on the check, is so you can't stiff the lawyer.
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2007-04-12 05:43:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
He has to cash it with you. Maybe if you tell Social Security they can send you out another one with your name only. Might take a few more weeks.
2007-04-12 04:47:06 · answer #6 · answered by Mochica 2 · 0⤊ 0⤋
No, they're continually as sturdy as money, because of the fact the way they artwork is the money are at as quickly as debited from the verify author's account the 2nd they're issued the cashier's verify, so there is not any probability of the money not being accessible once you pass to money it. it is basically comparable to a money order, purely that's regularly used for extra suitable greenback quantities.
2016-10-21 23:04:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Why don't you call and ask him. It would probably be for the best. I know a girl that cashed her dead mom's SS check and she is is in prison.
2007-04-12 04:46:53 · answer #8 · answered by deb 7 · 0⤊ 0⤋