San Jose, CA asked in Banking and Business Law for California

Q: Is there a way to force a company to write my business checks and include my name?

Is there ANY way to legally require or somehow “force” a company to write my business checks to say pay to the order of either my name (I am the sole owner)

OR pay to the order of (my business name OR my name)? I have nothing in my contract that stated anything about this.

Long story short I am unable to cash my checks in my business name until I get the money from the uncashed checks to revive my FTB. I have tried just about everything to cash the checks. I do not have and cannot open a business account at the moment due to FTB status.

Please help!

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2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Business Law Lawyer
  • Frisco, TX

A: You can endorse the check from your business to yourself personally, then deposit them into your personal account. Write “Pay to the Order of [your personal name]” then endorse it from your company

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Business Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In the absence of a contractual provision specifying how checks should be made out, it may be difficult to legally compel the company to write the checks in a particular manner. You could try negotiating with the company to explain your situation and request that future checks be made out in a way that allows you to cash them. However, unless there's a violation of law or contract on their part, the company is generally free to issue payment in the name of the business entity they have a relationship with.

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