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Posted by Jersey_Boy on 2/14/06 2:57pm
Msg #97129


I have been fighting with a company that claims they paid me in December, well finally in February, I get a copy of the check that they "supposedly" sent me.

Well, they did send it... to the wrong address. AND the JERK at the wrong address ACTUALLY CASHED THE CHECK!!!!!!!!!!!

I am so tired of dealing with this company that I am actually considering confronting the person that cashed the check (with a police officer at my side).

The person who cashed the check never forged my name, they just endorsed their name with account number.

I know that I can eventually get the money by going through all the red tape, I just want to see if I can avoid waiting another four months to get my money.

Any opinions?

Reply by eXpedN_TX on 2/14/06 3:02pm
Msg #97133

If you can prove to the company that THEY sent it to the worng place, it is up to them to make things right and pay YOU. It's up to them to contact the guy that cashed your money. That being said, I would also have to go and pay the guy a visit with the cops and get my money. That would irk me. I bet once you start talking about "illegal action" he may pay closer attention than he did when he signed his name to your check. His bank should also be alreted. What were they thinking cashing a check not made out to him....very bad!!!!

I got a check from a SS recently that I had to void and send back because they not only didn't follow my instrunctions and make it out to me, they made it out to a busniess name and spelled notary as norary. Geesh!!!

Good luck with getting your money!!!! Keep us posted on the results!

Reply by Bonnie_CO on 2/14/06 3:06pm
Msg #97137

I can't believe how stupid some people are...

This one could go with the "Dumb Criminals" file! LOL!

Reply by MistarellaFL on 2/14/06 3:03pm
Msg #97134

Illegal is the word, here.

You probably have a case to have him arrested for something, at least THEFT.
If I were you, I'd be contacting the DA's office to pursue the matter.
I guess I shouldv'e asked first: have you seen a copy of the check, or are you taking the SS at their word? (I don't trust them any farther than I can throw them).
I ask because it seems like a good excuse to get the notary off their back, by blaming someone else. I certainly would be telling them it's not my problem, I want my $$$.
Let them take the other guy to court.

Reply by John_NorCal on 2/14/06 3:05pm
Msg #97135

Sounds to me that if someone cashed your check with their name and account number, they just MIGHT have made an innocent mistake, just a slight possibility. If they were trying to pull a fast one, I would think they would have forged your name. Have you considered contacting the person to see how they react? I agree about the company though, I would write them off too. Good luck!
P.S. Is this a new topic for your "servery"?

Reply by Terri_CA on 2/14/06 5:39pm
Msg #97187

Believe it or not, the party that ISSUED the check is the party which must file a police report of theft, not the party to which the check was made payable to.

The notary in this case is still intitled to receive the compensation for the services rendered, it is up to the SS to do what is necessary to get the money back from the person who improperly cashed the check.

FYI - Makes me mad that this guy's bank allowed him to cash/deposit a check against an account that did not the name of the party who the check was payable to. My bank has advised me that they will only deposit a check, by me, payable to my husband, only if the bank account has his name on it. So bottom line, if the check is payable to Party A, then Party A's name has to be on the account where it's going to be deposited.

Good Luck!

Lancaster, CA

Reply by patricia on 2/14/06 3:09pm
Msg #97140

this happened to me, another notary who lived quite close by got my check, endorsed it and deposited in her checking account which happened to be the same bank as mine, I went into back with a copy of the check and they took the money out of her account and put it into mine.
She knew perfectly well the name on check was not hers.

Reply by eXpedN_TX on 2/14/06 3:11pm
Msg #97143

What banks allow this??? Mine sure doesn't!!!

I'm sticking with my bank. They will not allow some one to deposit a check with someone elses name on it unless it is endorsed to that person. The banks that are allowing this to happen should be notified if they are letting these issues "slip" by.

Reply by Jersey_Boy on 2/14/06 3:13pm
Msg #97145


Yes, I do have a copy of the check, payable to my name (showing wrong address). Endorsed by Blah Blah with Account number.

I am going to stop by the local police dept today and ask an officer to go with me to the house. I'm praying this is an innocent mistake, but I still want an officer there just in case there is any confrontation...

Reply by Jersey_Boy on 2/14/06 3:14pm
Msg #97146

ps- thanx for green boxin' me! lol n/m

Reply by Janlee_MI on 2/14/06 3:17pm
Msg #97147


Reply by Charm_AL on 2/14/06 3:22pm
Msg #97150

Re: Check

This happened to me, wrong address over Christmas. While I spent a month trying to track it down, the TC finally found out where it went. I called the girl and she gave me some lame excuses for holding onto my $225.
Makes me wonder if I didn't, over the next three weeks try to get it back, if she was trying to figure out a way to keep it.

Good Luck

Reply by Becca_FL on 2/14/06 3:24pm
Msg #97152

Re: What banks allow this??? Mine sure doesn't!!!

I'm with you eXpedN. What kind of bank deposits a check written to someone else? Not mine, that's for sure.

Reply by NY/Notary on 2/14/06 3:38pm
Msg #97156

Re: What banks allow this??? Mine sure doesn't!!!

I had this happen to me. The lame ss told me it went to another person and did nothing to make it right. I never knew who it went to and didn't have the resolve to fight the ss who has a bad rep.

Reply by christiSocal on 2/14/06 3:52pm
Msg #97163

banks make mistakes more often than we think

This is a few years back (10ish) My mom sent in a payment for her life insurance. They claimed she had missed the payment, so we sent them a copy of the cashed check to prove it. For some reason they deposited the copy AND THE BANK CASHED IT! This bank has since gotten eaten up by citibank. Gee I wonder why...

Reply by SueW/Tn on 2/14/06 3:41pm
Msg #97157

Re: What banks allow this??? Mine sure doesn't!!!

yep yep...the bank certainly is lax! I would take the copy to your bank and ask them what THEY intend on doing about it. I had a situation like this the other day, my partner had a check in her name, gave it to me and told me to go ahead and deposit it into my personal account. I thought nothing of it, endoresed it with my name and presented it to a bank I've done business with for years. NO WAY! They told me sorry, no can do! I actually was surprised but pleasantly so because it meant that no one was going to get away with much with their procedures in place. I'd tackle the bank BEFORE I showed up at a neighbors house with a cop.

Reply by Beth/MD on 2/14/06 3:51pm
Msg #97162

Re: What banks allow this??? Mine sure doesn't!!!

I hope this isn't my bank. This is scary!

Reply by PAW on 2/14/06 4:01pm
Msg #97168

I have had this happen a few times. Each and every time, it was a notary, with the same name as mine, but in a different state. I guess that "other" notary doesn't keep books, because they were all cashed. I've actually received a few checks that were his, and since I had no record of the signing, I called the company and lo and behold, it belonged to the "other" notary.

Reply by TCMN on 2/14/06 11:30pm
Msg #97263


My spouse is a banker, run a branch office. If you know, or can find out, what bank the guy cashed the check at...go there, present the copy and tell them, THEY illegally cashed a check that was not endorsed correctly and THEY will be liable of getting the money back. This isn't your job, it's really the job of the company who paid you. But you would probably get the money faster.
I know this would work since this same thing happen at the bank and it was a little more complicated in their situation since it had to do with the person was still cashing checks when the other person had died, etc., etc. But that person also had a checking acct at Wells Fargo and Wells Fargo was depositing the checks without the dead persons signature and so when my spouse supplied a death certificate and a copy of the check with only ONE signature (NOT the person ON the acct), Wells Fargo returned ALL the money and then was dealing with this situation internally because they knew they had screwed up VERY badly.

You'll just have to show the bank who cashed it, their mistake and they will jump through hoops NOT to have anyone else find out.

Good luck!

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