How do I go about getting a copy of the checks that have cleared the bank?

Question

See my step father has two childern from a previous marriage and he has been paying child support and stuff for many years. Well, when they got divorced they had and agreement for him to pay the child support directly to his ex wife anyways now all of a sudden she is trying to say that he is behind like 40,000 dollars and that the money that he has been sending her for the past 10 or so years was just a gift and not for child support. Sowe have been trying to talk to the bank to get copies of the checks but they say that there is not a way to get the back checks. We have found around 11,000 dollars worth of check to prove that he does not owe 40,000 how do I get proof of the rest of the amount? And the child support office acts like they don't evev know what they are doing they are basically saying what ever she says the amount is that is what we are going by. Which is bull crap. So, hopefully someone can help me in this delima.

We talked to the bank manager and they did produce some of the check s but that's it. Even if they did get all of the checks from the pat 7 years that would be better that what we have now. I am dealing with First South Credit Union.

Answer 1

Get him to ask to speak with someone higher up at the bank. If this is a US bank they are required to keep at least 7yrs of checks by Federal Law (these can be images as opposed to the physical check).

If these checks go back further than 7 years you may be out of luck. Some banks keep them longer but they are not required to. He can ask his lawyer to subpeona her bank records. If she deposited the checks and if her bank keeps their records longer than 7 years you can get them that way. But that is a lot of ifs.

Hope this helps.

Answer 2

Richard B is incorrect, the bank doesn't have ANY paper records of canceled checks, and most quit using microfilm a long time ago. The should have ELECTRONIC images going back at least 7 years. There WILL be a research fee to get copies, but the manager should have NO trouble requesting copies.

Answer 3

It's possible that the bank's paper records only go back a certain amount of years; but they should have some kind of microfilm record. Keep pressing the bank. You can always tell the bank that if necessary you will get a court order requiring them to produce copies of the cancelled checks. Banks generally don't like to deal with the courts.

Answer 4

First thing foremost, write a request address to the Vice President for operations of the bank for a microfilm copy of the checks that each were paid to the ex-wife, put details like e.g. date of check, check nos., and the amount for easy reference by the bank. I think a standard practice to keep the microfilm copies of checks /cleared by bank by as long as maximum of 10 years, so chances are you may get them those copies.

Check your records of the bank statements given by the bank in addition to those microfilm copies and consult your lawyer to help you ease your dilemma.

Now if the bank declines your request, you may ask a lawyer to assist you in obtaining copies of the certified checks from the bank.

Answer 5

do you have a lawyer if no get one!!!