Dallas, TX asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas

Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can recreate the company just to get an EIN to open a business bank account and then dissolve that company after I get the funds? If not what else can I do?

3 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Business Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: One option, if you haven't already attempted it, might be to check with your bank if a letter of affidavit in your capacity as a former officer might enable depositing of the check. Although your bank could understand your frustration, they have to comply with their own strict policies involving indorsements. Good luck

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: Addendum - I apologize... a minute ago, I meant to write "a letter OR affidavit" (not a "letter of affidavit"). Good luck

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