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AdviceDog
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Posted: 2/18/2013 7:21:57 PM
[Last Edit: 2/18/2013 8:35:20 PM by AdviceDog]
I had two checks made payable to me.

I signed the checks over to a relative... (pay to the order of.. and signed it on the back) they put it in the nite deposit at the bank - which we've done several times in the past year with zero problems- bank calls back- says they won't take the deposit (even though one of the checks is drawn on THEIR bank) and says they'll shred the checks if we don't pick them up by 4PM.

I think that's illegal for them to refuse the deposit and then threaten to shred my check.

can anyone weigh ion on this ?? Is the bank bound under the UCC section 3-110??

Boost3dx
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Posted: 2/18/2013 7:22:42 PM
What was the reason for not accepting the check?
AdviceDog
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Posted: 2/18/2013 7:27:10 PM
Originally Posted By Boost3dx:
What was the reason for not accepting the check?


It was "third party"....
cisco1
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Posted: 2/18/2013 7:30:24 PM
[Last Edit: 2/18/2013 7:33:44 PM by cisco1]
Originally Posted By AdviceDog:
I had s checks made payable to me.

I signed the checks over to a relative... (pay to the order of.. and signed it on the back) they put it in the nite deposit at the bank - which we've done several times in the past year with zero problems- bank calls back- says they won't take the deposit (even though one of the checks is drawn on THEIR bank) and says they'll shred the checks if we don't pick them up by 4PM.

I think that's illegal for them to refuse the deposit and then threaten to shred my check.

can anyone weigh ion on this ?? Is the bank bound under the UCC section 3-110??



There is no law or regulation that says a bank must accept your check. They can even close your account at anytime if they want. If you and your relative go to the bank while there open it shouldn't be a problem. There problem is that how do they know your relative didn't take your check and sign it over to them. It doesn't matter if you have done it several times in the past. The bank may have changed there rules, someone got in trouble for not following their rules or you got someone new checking the night deposit. It is bad customer service to say that they will shred the check if you don't pick it up by 4. If you can't get there in time call the manager and I am sure they might give you some more time.
shocktrp
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Posted: 2/18/2013 7:31:00 PM
[Last Edit: 2/18/2013 7:31:27 PM by shocktrp]
Bank is a private company - they don't have to do anything.

You should have either deposited it in your own account & wrote a new check to your relative; or showed up at the bank yourself, presented your ID, & cashed it.
There will always be an 82 Abn Dv because it lives in the hearts of men & somewhere young men will dare the challenge to "stand up & hook up" & know that moment of pride & strength which is its reward
stangboy555
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Posted: 2/18/2013 7:31:08 PM
Yes they can refuse it. They've been getting burned by them.
AdviceDog
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Posted: 2/18/2013 7:38:08 PM
Originally Posted By shocktrp:
Bank is a private company - they don't have to do anything.

You should have either deposited it in your own account & wrote a new check to your relative; or showed up at the bank yourself, presented your ID, & cashed it.


Not true.

Now banks want to charge a fee for cashing their own checks!! or they want you to have an account there...or nine forms of ID and a DNA sample.
AdviceDog
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Posted: 2/18/2013 7:39:22 PM
Originally Posted By stangboy555:
Yes they can refuse it. They've been getting burned by them.


It's for DEPOSIT. There were sufficient funds in there to cover it if it bounced- how are they more at risk than if I just wrote a check and the relative deposited it??
Penguin_101
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Posted: 2/18/2013 7:42:48 PM
How'd you sign it third party?
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Vonbongo
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Posted: 2/18/2013 7:43:30 PM
Originally Posted By shocktrp:
Bank is a private company - they don't have to do anything.

You should have either deposited it in your own account & wrote a new check to your relative; or showed up at the bank yourself, presented your ID, & cashed it.


This
John 3:16
Notcalifornialegal
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Posted: 2/18/2013 7:46:17 PM
[Last Edit: 2/18/2013 7:48:33 PM by Notcalifornialegal]
Yes. We will not take any third party checks. We are not required to take any check presented for deposit.
Whenever you are in a debate, it is important to remember that it is not your opponent, but your audience that matters.
flattire
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Posted: 2/18/2013 7:48:53 PM
Laws changed after 9/11
Bank has the option but most refuse, for several reasons.
Many third party instruments and checks with low numbers (101-199 and "starter checks") are a giant Red Flag.
shocktrp
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Posted: 2/18/2013 8:21:21 PM
Originally Posted By AdviceDog:
Originally Posted By shocktrp:
Bank is a private company - they don't have to do anything.

You should have either deposited it in your own account & wrote a new check to your relative; or showed up at the bank yourself, presented your ID, & cashed it.


Not true.

Now banks want to charge a fee for cashing their own checks!! or they want you to have an account there...or nine forms of ID and a DNA sample.


Correct.
You're not their customer & you're circumventing their fees.
You can thank the Patriot Act for all the ID's & paperwork the banks have to keep on file when they do business with you.
It's also a little weird that you're not just depositing it in your own account.
There will always be an 82 Abn Dv because it lives in the hearts of men & somewhere young men will dare the challenge to "stand up & hook up" & know that moment of pride & strength which is its reward
Aimless
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Posted: 2/18/2013 8:24:09 PM
I have had banks refuse co endorsed checks, which are simlar to third party, they required a copy of the person's driver license and I forget what else. i would assume third party checks are a huge source of fraud and reversed c harges that cost the bank money
Prosecutor Kristyna S. Mills said her office prosecutes these types of cases “all the time”speaking of the prosecution of Sgt. Nathan Haddad, a decorated combat veteran, for possessing AR15 magazines
AdviceDog
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Posted: 2/18/2013 8:33:13 PM
I wonder how this is different than a bank not making funds available after a deposit??

I wrote pay too the order of:
relative's name
endorsed it

so how is that different then me writing a check to the relative??
hdhogman
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Posted: 2/18/2013 8:34:04 PM
Banks can be a Major PITA.
The wife had State of Ohio tax refund check, with both our names on it.
Her bank would not cash it unless I joined her account, blank them.
So, went to my bank, was handed cash, no problem.
Setting her up with an account to the bank I deal with.
We have our own, separate accounts, bussiness reasons and such.
To lose a Great account for less than $300.00?
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shocktrp
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Posted: 2/18/2013 8:36:21 PM
Originally Posted By AdviceDog:
I wonder how this is different than a bank not making funds available after a deposit??

I wrote pay too the order of:
relative's name
endorsed it

so how is that different then me writing a check to the relative??


Because your name & signature isn't on the front of the check.
There will always be an 82 Abn Dv because it lives in the hearts of men & somewhere young men will dare the challenge to "stand up & hook up" & know that moment of pride & strength which is its reward
Nmbmxer
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Posted: 2/18/2013 8:38:03 PM
I just deposit checks using my phone, much easier than screwing around w/ the bank or even atm.
edlex
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Posted: 2/18/2013 8:39:46 PM
Yes
NoVaGator
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Posted: 2/18/2013 8:44:18 PM
Do you have your own checking account?
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first1903
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Posted: 2/18/2013 8:53:47 PM
Originally Posted By Nmbmxer:
I just deposit checks using my phone, much easier than screwing around w/ the bank or even atm.



Just about to say that. I love this feature. But even the deposit through ATM is easier than going to an actual teller, no human factor involved
AdviceDog
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Posted: 2/18/2013 8:57:50 PM
Originally Posted By shocktrp:
Originally Posted By AdviceDog:
I wonder how this is different than a bank not making funds available after a deposit??

I wrote pay too the order of:
relative's name
endorsed it

so how is that different then me writing a check to the relative??


Because your name & signature isn't on the front of the check. [/qu

The checks were both payable to me and I endorsed the back.

One of the checks was even drawn on their own bank..
stangboy555
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Posted: 2/18/2013 9:01:59 PM

Originally Posted By AdviceDog:
Originally Posted By shocktrp:
Originally Posted By AdviceDog:
I wonder how this is different than a bank not making funds available after a deposit??

I wrote pay too the order of:
relative's name
endorsed it

so how is that different then me writing a check to the relative??


Because your name & signature isn't on the front of the check. [/qu

The checks were both payable to me and I endorsed the back.

One of the checks was even drawn on their own bank..

You wrote 2 checks, FROM you TO you... and you had another family member endorse it and try to deposit it into their account?

Why didn't you just make the check out to them?
pcsutton
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Posted: 2/18/2013 9:10:26 PM

Originally Posted By first1903:
Originally Posted By Nmbmxer:
I just deposit checks using my phone, much easier than screwing around w/ the bank or even atm.



Just about to say that. I love this feature. But even the deposit through ATM is easier than going to an actual teller, no human factor involved

There is a fairy low amount above which it won't allow checks to be deposited by phone...I'm thinking its about 4 or 5 thousand bucks. It's funny that a auto-teller machine will take it though.

I presume were talking about Chase?
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pcsutton
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Posted: 2/18/2013 9:13:17 PM
I'm gonna go out on a limb here and guess the 3rd party thing is in response to checks being stolen out of mailboxes.
"I am compensating. If I could kill stuff with my dick from 200 yards I would not need a firearm would I?"-Zanther
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bowbender7
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Posted: 2/18/2013 9:17:25 PM
Dealing with this shit everyday gives me a headache.

TrymySS
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Posted: 2/18/2013 9:23:26 PM
Things have recently changed.

In the collision industry vehicle owners with 1 party insurance checks would just sign the checks to the bodyshop for deposit. Within the last 2 years that has changed, checks need to be issued 2 party, or if issued to the vehicle owner they must deposit into their own bank and write a check.
SirSqueeboo
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Posted: 2/18/2013 9:24:09 PM
Originally Posted By stangboy555:

Originally Posted By AdviceDog:
Originally Posted By shocktrp:
Originally Posted By AdviceDog:
I wonder how this is different than a bank not making funds available after a deposit??

I wrote pay too the order of:
relative's name
endorsed it

so how is that different then me writing a check to the relative??


Because your name & signature isn't on the front of the check. [/qu

The checks were both payable to me and I endorsed the back.

One of the checks was even drawn on their own bank..

You wrote 2 checks, FROM you TO you... and you had another family member endorse it and try to deposit it into their account?

Why didn't you just make the check out to them?


Someone wrote a check to him. He tried to transfer that check to a relative by endorsing it.
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FiveDollarShake
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Posted: 2/18/2013 9:24:44 PM
[Last Edit: 2/18/2013 9:25:45 PM by FiveDollarShake]
With 3rd party checks, for up to three years the named payee,[ie. you] can claim you did not recieve benefit and the bank is abligated to reimburse the drawee bank.
DarkLordVader
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Posted: 2/18/2013 9:38:20 PM
Need to change the thread title: "How do I know when to close my account and take my business to another bank."
shocktrp
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Posted: 2/18/2013 9:39:23 PM
Originally Posted By stangboy555:

Originally Posted By AdviceDog:
Originally Posted By shocktrp:
Originally Posted By AdviceDog:
I wonder how this is different than a bank not making funds available after a deposit??

I wrote pay too the order of:
relative's name
endorsed it

so how is that different then me writing a check to the relative??


Because your name & signature isn't on the front of the check. [/qu

The checks were both payable to me and I endorsed the back.

One of the checks was even drawn on their own bank..

You wrote 2 checks, FROM you TO you... and you had another family member endorse it and try to deposit it into their account?

Why didn't you just make the check out to them?


No, the checks are from someone else to the OP.
The OP wants to deposit the money into his relative's account instead of his own.
The bank said no.
OP thinks signing this check over to someone else is the same as writing someone a check - it is not.

The OP has the following solutions available;
- Deposit in his own account.
- Cash at window of original check writer's bank & pay a bank fee.
- Open his own account at this bank & make the deposit without the fee.
- Have himself added to his relative's account & make the deposit.
- Contact the original check writer & have them replace the check with a new one payable to his relative.

OP doesn't like any of those solutions.
There will always be an 82 Abn Dv because it lives in the hearts of men & somewhere young men will dare the challenge to "stand up & hook up" & know that moment of pride & strength which is its reward
Smokey44
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Posted: 2/18/2013 9:41:48 PM
I will usually accept them for small amounts as long as both parties are present with valid id's. Larger amounts are a no go.
Smokey44
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Posted: 2/18/2013 9:54:29 PM
Originally Posted By hdhogman:
Banks can be a Major PITA.
The wife had State of Ohio tax refund check, with both our names on it.
Her bank would not cash it unless I joined her account, blank them.
So, went to my bank, was handed cash, no problem.
Setting her up with an account to the bank I deal with.
We have our own, separate accounts, bussiness reasons and such.
To lose a Great account for less than $300.00?


.gov checks are to be deposited into or cashed against accounts titled the same as the check was written. Your bank overlooked that and is liable should it ever come back. Both parties have to have equal access to the funds. If you ever pull the eject handle she has 3 years to go to the bank and say she did not approve the transaction and will win because the .gov check was cashed against an acct that both parties were not joint signers.
nbk523u
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Posted: 2/18/2013 11:55:13 PM
No its not illegal. UCC simply states that that is an acceptable endorsement. It does not bind the bank to accepting the check for deposit. In fact, the bank is not bound to accept anything for deposit. Bank's are only regulated by Reg CC which governs how long they can hold an item for collection that has been accepted. Don't like their policy, change banks. By the way, yes, I am a banker and have been for a long time.