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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1 Lawyer Answer
Taylor P Waters
Taylor P Waters
Answered

A: The check writer does not usually have a say in what happens after a check is written and signed. For example, the person to whom it was made could have simply indorsed the back and made it bearer paper, where anyone could have further indorsed it to whomever. The check writer's intention means little, it's the intention of the payee which usually matters.

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