Liability For Name on Check of Closed Account

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Trebag

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I'm having a difficult time finding the answer to this. As a FYI, I am an attorney but my practice never involves these issues.

Woman A had her name on a checking account at Key Bank with another woman friend B. Last February, A takes her name off of account--both parties have signed authorization removing A and making B responsible.

In July, B writes check to check cashing business and then closes account next day.

Check cashing business contacts A and informs her that she owes them the amount of the check because A's name was on the check. The signature on the check is B but the checks had listed both A & B when they were issued and apparently B was still using the old checks.

Check cashing business claims A is a maker.

Is A liable for the bad check? Can't anyone put anything they want on the check? I've read the UCC on negotiable instruments again but can't seem to find the answer. Any help would be appreciated.
 
If A can prove to the check cashing business that she was no longer a joint user of the account when the bad check was written they can go after B. Get an statement from the bank informing to whom it may concern when that happened (clearly stating dates). Present letter, via certified letter, to the check business so they can go after B for the bad check. Have A send a cease and desist letter to B regarding use of old checks. Hope this helps!
 
She has already provided the check cashing company with evidence that she was no longer on the account. The business cannot go after "B" because "B" cannot be found -- she has a history of mental issues and last word was that she close the account because "people were after her".

Question is whether the draft is enforceable against "A"--a person named on the check but did not sign the check and is no longer named on the account? Is "A" a maker?
 
Trebag - here is the problem I have with your saying that B has gone missing and cannot be found. In today's world, with the technology we have, one can find a person within reasonable time. A rookie PI can do that for you without any problems. Give him/her a couple of days and they will tell you where B is...

I also find hard to believe that the cashing business is coming solely after A when the evidence has been presented to them that she was no longer in the account but, due to her name being on the check, she is being held responsible for the balance.

My suggestion is for you to let the cash business take A to court and, when the judge reviews the evidence, s/he will see that A cannot be responsible for B's action just because her name happens to be printed on an old check.

Good luck to you!
 
Thanks for the assistance. As to "B" gone missing--there's a lot more to the story, as is usually the case. B closed her account in July because, as she said "they" were taking her money and she was "told" to close the account. B has suffered from dimentia in the past. While I'm sure a PI could locate her, as of now she is no where to be found.
 
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