Endorsing of checks from escrow

[lmc100]

I am in possession of 3 checks returned from the insurances and bank on the sale of my home. The individual I owned the home with refuses to endorce these checks for distribution. What are my alternatives.?

 

[calalily]

Talk with your bank manager about what your alternatives may be. What is the reason the person gives for not endorsing the checks? Do you have a lawyer and are in some kind of litigation with this person? Does the check say "and" or does it say "or"; such as "John and Jane Doe" or "Jane Doe or John Doe" ?

 

[lmc100]

She is just trying to be difficult and refuses to sign "without a court order". No I do not have a lawyer. I was hoping not to have to go through the expense. Two of the checks say "and" one just has both names with not and/or.

Thanks

 

[calalily]

Do you have a joint account still? The bank may let you deposit without her endorsement but hold funds for a certain amount of time. Definately talk to bank manager and if they don't have any alternatives then I guess you'll have to go to court.

 

[lmc100]

No, there is no joint accounts any longer, and the bank will not re-issue the checks evenly divided. Can you tell me which court I should go to in order to request the court order?

 

[calalily]

I am not sure. Did you get divorced and the dividing of the escrow was part of the divorce decree?

 

[lmc100]

No, it was a partnership only not a marriage

 

[calalily]

I am not sure but it definately would be civil. Maybe sue her for the amounts of the checks since you can't get her to sign and are out the money. Maybe a threat of a suit will get her to sign.