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Endorsing a check

124

Replies to: Endorsing a check

  • garlandgarland Registered User Posts: 16,059 Senior Member
    @lookingforward, you are not supposed to sign your spouse's name, even for deposit only.
    . Hah--H will always testify that he signed it; no one will ever be able to prove that it is me ALWAYS signing his name on any joint check, or check in his name only for that matter. If he ever does try to sign something himself, he may run into trouble. His official signature by now is my version of it. :)
  • intparentintparent Registered User Posts: 36,882 Senior Member
    Not a laughing matter, it is fraudulent.
  • garlandgarland Registered User Posts: 16,059 Senior Member
    Well, the only person who could challenge the signature is him, so I'm really not worried. And, really, how is that fraudulent? I am depositing his checks into our joint bank account.

    That's sort of over-dramatic.
  • jym626jym626 Registered User Posts: 57,360 Senior Member
    Agree with you, garland. Check proofers went away with the dinosaurs. They wiill not question a signature unless the person to whom the check was made out has a concern (which neither of you do) so its a non-issue.
  • KKmamaKKmama Registered User Posts: 3,077 Senior Member
    It's only a crime if charges are filed. I endorse checks in my husband's name to deposit when necessary. Our bank requires every name on check to be endorsed for it to be cashed or deposited.

  • intparentintparent Registered User Posts: 36,882 Senior Member
    If it is a check that requires both signatures, like an insurance check made out to two parties with "and" between them, it is fraud. Not sure we take this line with our kids "It is only illegal if you are caught", don't know why you would apply it as an adult. If your spouse is going to be away for an extended period (deployment, etc), you can get POA to sign it legally. Banks do come back sometimes when they are not satisfied with an endorsement -- it happened to me recently on a large business check that I put in through the ATM. They refused the deposit and I had to go into the branch. Larger checks do get more scrutiny.
  • lookingforwardlookingforward Registered User Posts: 32,368 Senior Member
    edited January 2016
    As an example
    Bank of America, Feb 2015. I can give the link.

    "Some Basic Terms for Joint Accounts
    If more than one person’s name appears in the title of an account without a fiduciary, beneficiary or other designation, then the account is a joint account. All persons whose names appear on the account are co-owners of the account, regardless of whose money is deposited in the account. Each co-owner acts as the agent of each other co-owner. Each co-owner authorizes each other co-owner to operate the account without the consent or approval of any other co-owner. We may act and rely on the instructions of one co-owner without liability to any other co-owner. So as examples, one co-owner may without the consent or approval of the others:"

    And includes this wording:

    "• endorse for deposit to the joint account on behalf of any other co-owner an item payable to another co-owner;"

    Isn't that what we're talking about? Now, I know some individual bank branches can have their own particular policies- I'm sometimes caught by that when using two different branches of my own bank. So each of us can check. But this, as an honest action to get your spousal monies into your spousal account, isn't some crime, in itself.
  • garlandgarland Registered User Posts: 16,059 Senior Member
    Thank you. No one is being defrauded, so I fail to understand how it is fraud.
  • PizzagirlPizzagirl Registered User Posts: 40,488 Senior Member
    "@lookingforward, you are not supposed to sign your spouse's name, even for deposit only."

    I wouldn't think twice about signing my H's signature (and vice versa), it's hardly as if someone at the bank is carefully comparing signatures. My H's signature is a scribble anyway; no one can tell the difference between his signing it and my rendition. Who's going to challenge it? To me this is much ado about nothing.

    If I needed both signatures on a check for our account, I'd sign it with his blessing and go on with my day. This isn't even a "thing" IMO.
  • PizzagirlPizzagirl Registered User Posts: 40,488 Senior Member
    Good luck, Citibank, trying to discern whether the chicken scratch that passes for my H's signature - which is basically his first initial and then a scrawl - came from him or me!
  • OnwardOnward Registered User Posts: 2,961 Senior Member
    I had a young teller ask me one day if I had signed my husband's name. I said yes (I don't know why I said yes) and she took it to her supervisor. I could see that woman roll her eyes and yes, the check was accepted.
  • IgloooIglooo Registered User Posts: 8,178 Senior Member
    And includes this wording:

    "• endorse for deposit to the joint account on behalf of any other co-owner an item payable to another co-owner;"

    Isn't that what we're talking about?

    You could endorse the check sgning your own name. That's what I do. I don't sign someone else's name.
  • patsmompatsmom Registered User Posts: 4,640 Senior Member
    I bank with USAA's online bank. When I deposit checks made out to both my husband and me, I sign my name and I print his name underneath mine. The checking account is a joint account in both of our names. I deposit the check with my smartphone app. Never had a problem.
  • lookingforwardlookingforward Registered User Posts: 32,368 Senior Member
    edited January 2016
    Igloo, signing your own name isn't "on behalf of" another.
    What the blurb said is that each is agent for the other, for a deposit to a joint account.

    Any of us can check how our own banks want this done. The bottom line we've been talking about is getting the joint money into the joint account. Not some other scenario. I agree you shouldn't be able to cash a check made out out to someone else or deposit his money into an account only you hold, without the proper steps.
  • sylvan8798sylvan8798 Registered User Posts: 6,749 Senior Member
    Speaking of signing one's H's or W's name, the banks typically won't talk on the phone to someone who is not on an account (e.g. a mortgage) even if you are the one who always makes the payments. Sometimes I have had to impersonate H on the phone in order to get someone to answer a question about one of their rental mortgages. The rules are stupid if all I have to do is say that I'm him.
This discussion has been closed.