Oswego, NY asked in Consumer Law and Banking for New York

Q: Checks designated to be paid to ONE, were stamped & deposited into TWO, without the permission of the check writer.

The check writer is now asking why this occurred, since it was not their intention for their money to go to TWO. What is the recourse?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Business Law Lawyer
  • New York, NY
  • Licensed in New York

A: It depends on what ONE intended to happen.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Business Law Lawyer
  • Tallahassee, FL

A: Mr. Siegel's answer is correct.

In America, all checks are "negotiable instruments." That means a check made payable to Person A can be endorsed by A, and then made payable to Person B, who can endorse it again and make it payable to Person C, and so on.. This can go on as long as there is room on the back for the check for the chain of endorsements to fit.

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