St Louis, MO asked in Bankruptcy, Civil Litigation and Collections for Missouri

Q: Will a check written to me clear if cashed anywhere other than my bank? Lien placed on accounts.

I am being sued by a creditor. I received a check in the mail and wanted to know if the creditor will have access to those funds even if I cash it at a check cashing company and not my bank?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: If you cash a check at a check-cashing company, the funds may not pass through your bank account, which could help keep the money out of reach from a creditor with a lien on your accounts. However, if you deposit the check directly into your bank account, the creditor could potentially seize the funds, depending on the lien's terms. So, cashing the check outside of your bank might help you avoid that risk.

That said, even though check-cashing services can offer a temporary workaround, it’s important to be aware that your overall financial situation, including legal actions like garnishments or liens, may still impact your ability to manage money. A creditor can still pursue other legal means to recover what’s owed.

It's always a good idea to understand the details of any lien and how it affects your accounts, so you can make the best decision for your specific situation.

Martha Warriner Jarrett and Timothy Denison agree with this answer

Martha Warriner Jarrett
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Answered
  • Bankruptcy Lawyer
  • Santa Barbara, CA

A: The best place to cash the check is at the bank it was drawn on, but you'll will generally need two pieces of identification to do so.

Timothy Denison agrees with this answer

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