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#193430 - 05/24/04 04:31 PM cashier's check missing indorsement
Jokerman Offline
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Joined: Nov 2003
Posts: 12,846
Bank issued cashier's check payable to Jane Doe. Remitter was Suzy Smith. Check was presented at another bank, and we paid it 4/21.

We now have issues with Suzy Smith, believing, among other things, that she has deposited fraudulent items. Her account is overdrawn. A number of items drawn on the account over the last few months are checks cashed at other institutions. We are suspicious that this item was not actually paid to Jane Doe, but really was cashed by Suzy Smith. It was not endorsed.

Do we have three years to return this item for missing indorsement?

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#193431 - 05/24/04 09:44 PM Re: cashier's check missing indorsement
Jokerman Offline
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Joined: Nov 2003
Posts: 12,846
(bump)

anyone seen this before? anyone? anyone?

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#193432 - 05/24/04 10:19 PM Re: cashier's check missing indorsement
Pup Offline
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Sorry Jokerman....I wanna say that the remitter can cash a cashier's check. There should have been the endorsement "not used for purpose intended", but she should be able to cash it. I'm not sure that you can return it, but there is the possibility as "missing endorsement".

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#193433 - 05/25/04 01:12 AM Re: cashier's check missing indorsement
JacF Offline

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You can return an item for a missing endorsement up to three years, but I would not recommend doing so unless you have an affidavit from the payee. If Suzy never intended to give this item to Jane, or if Jane did indeed cash the check, then returning the item now could open up a much bigger can of worms than the one Suzy has already opened for you.

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#193434 - 05/25/04 01:48 PM Re: cashier's check missing indorsement
Jokerman Offline
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Joined: Nov 2003
Posts: 12,846
Thank you both. Additional information this morning indicates that the check was more likely to have been negotiated by Jane.

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