my husband and i have a joint account together but the checks have his name on them. Two days ago i wrote a $900 check for rent and put it in an envelope. i told my husband to sign the check and put it back in the envelope so i could take it the next morning and drop it off on my way to work. i dropped the envelope off but come to find out my husband never signed the check... somehow our apartment complex cashed the check without any signature or a call from our bank to verify the check... is this legal? if so, i can just go get someones checks and write a bunch to me and not even need the persons signature... sounds kinda crazy and stupid to me... i dont understand how it was possible for them to cash my check? please someone explain
2007-12-06 07:43:59 · 10 answers · asked by jrofromtheblock 1 in Politics & Government ➔ Law & Ethics
Yes it's legal.
A check is an instruction to a bank to give a third party some of your money.
If they honored an unsigned check, and you had NOT been the person to write it, then you would have legal grounds on which to require the bank to make good the loss.
Whether or not to cash a check that is improperly filled out is completely up to the Bank.
In this case, the bank got a check for the amount that you pay every month in rent, made out to your landlord, at the beginning of the month. They made a business decision to assume that it was valid, and paid it. If it turned out that you left the apartment last month, and someone else had used one of your checks to pay their rent, then the bank would be on the hook for the $900.
Be happy your bank is reasonable. They would have been within their rights to bounce the check - and MOST would of! - which would have cost you bank fees, plus a late fee on your rent from your landlord.
Richard
2007-12-06 07:47:44 · answer #1 · answered by rickinnocal 7 · 1⤊ 0⤋
It's not supposed to happen, but it can, because people miss things.
It's not really illegal -- but if someone got your checkbook, and got through a check without a signature that you didn't know about, you can have the bank credit your account for that, since the check was paid because of their error.
In your case, the check was paid as a result of bank error, but the error didn't change what you intended to do (pay the bill), so it doesn't really matter.
2007-12-06 07:55:26 · answer #2 · answered by Teekno 7 · 0⤊ 0⤋
Technically it was legal, but stupid of the bank. Your signature is what keeps them safe f the check is stole as its proof that you signed it off. Without it, it if you were to dispute it, you technically couldn't be held responsible (save the fact that is written for your landlord/ apartment). Theres no necessity to inform your bank, unless it concerns you enough to go and complain.
The same is true when you sign for something t a store when you use credit. It is the primary proof that you were using the card. If it isn't your signature or if the store cannot find the reciept, you are not responsible.
2007-12-06 07:55:14 · answer #3 · answered by John A 3 · 0⤊ 1⤋
Legal? Not sure actually.
BUT...
Ya definately need to take it up w/ the bank and explain that you'd appreciate them being more careful....after all you are trusting them w/ your money.
Sometimes the way things are automated accidents do happen.
I learned this neat and nifty lil trick from a teller....
On the bottom of your check where your account and routing numbers are...you can take a pin and poke a few holes thru the numbers....the auto scanner can not read it, and it gets rejected and has to be read manually.
FYI, ya really should have both your names on the checks.
2007-12-06 07:55:50 · answer #4 · answered by Tira A 4 · 0⤊ 0⤋
You need to go to the bank and ask them why this check was cashed with no signature.
That is crazy and I have a hard time believing that it is legal.
2007-12-06 07:50:34 · answer #5 · answered by BeautyQueen 4 · 1⤊ 0⤋
I wouldn't blame the landlord, I would call the bank. Your absolutely right, if that's the case we could all be using someone else's account and not have to sign it. I would start with your bank first since they approved the check... Good luck.
2007-12-06 07:49:21 · answer #6 · answered by Nikki 6 · 2⤊ 0⤋
Have you considered having your name put on the account and the checks so this doesn't happen again? If you contribute money into the account, then you should be able to write checks on your own.
2007-12-06 07:52:45 · answer #7 · answered by kathi1vee 5 · 0⤊ 0⤋
I'm not sure of the legality, but I definitely think you should contact your bank to express your concern. It's not good that they let that happen.
2007-12-06 07:49:35 · answer #8 · answered by Alli 4 · 1⤊ 0⤋
File a complaint with your bank!
2007-12-06 07:55:45 · answer #9 · answered by Badkitty 7 · 0⤊ 0⤋
Yes it is legal and no you can't forge anyone else's checks.
Can't you see the difference?
2007-12-06 07:51:51 · answer #10 · answered by Barry C 7 · 0⤊ 0⤋