A friend wants me to deposit her paycheck for her while she’s out of town. I’m happy to do it, but I’m unsure about the endorsement.
Should I sign her name and initial it? A friend says he puts money in his son’s account with checks made out to the son and For Deposit Only on the back. Does it even need an endorsement?
Do not sign her name on the check. That would be forgery, and nothing good would result.
You can write “For Deposit Only” and her account number on the back of the check. The bank will accept it. For verification, look at the back of a returned check you used to pay the power bill. The endosement is basically a rubber stamp the the acount number - no signature.
Forging a signature would definitely be a bad thing to do. I believe you can sign your own name, but the best solution is to call the bank ahead of time and ask their advice.
You don’t need to sign or write anything, although I usually write “For deposit only” and the account number, simply in case I lose the check. But it’s not required.
Definitely don’t sign her name.
I do this all the time. As others have said, write “For Deposit Only” and her account number. Do not sign it.
Actually if you have the person’s permission to sign their name, it is not a forgery.
Is it a good idea to do it? That depends on how close of a friend this is. You may wind up being liable on the check under certain circumstances.
What’s more, most banks are going to want some identification, so it probably won’t work. Patriot Act and all . . .
And the trick where you don’t need to indorse the check, does not work unless the payee on the check is the same as the account holder into whose account the check is being deposited. In other words, if the check is made out to you, you can deposit it into an account bearing your name. All others pay cash, and indorse the check.
I believe this is the section (4-202) that permits one to deposit a check into one’s own account without indorsement.
oops. I meant 4-205
I second this. When my wife & I sold our last house, she had to be out of town at closing. The title company prepared a limited power of attorney which she signed (notarized) ahead of time, which enabled me to sign for her at closing. I don’t remember the wording I had to write out each time for her signature, but it was annoying. Probably different in every state depending on banking regs or state law.
So call the bank.
Former bank teller checking in…
The tellers would just rubber stamp the endorsements and write the account number. No signature was required for a deposit.
I once represented a bank where the tellers did this, on checks not payable to the holder of the account. The bank was being sued. Several of the tellers were fired.
But that’s not Ringo’s case. He is trying to deposit a check made out to Ms. X into Ms. X’s account, not his own.
:smack:
Well in that *case * just present the check at the bank and take advantage of UCC section 4-205.
There is a funny (to lawyers anyway) article in the BYU law review on the UCC and bank teller’s understanding of it . . .
Here it is
http://www.law2.byu.edu/lawreview/archives/1992/2/jen.pdf
Sorry for my cluelessness.
The footnotes from that BYU law review article covered over half of each page. Is that typical of law review articles, or was it done to be humorous?
Yes… I should have noted that the tellers would make sure the check was payable to the account holder before accepting the check for deposit.
It’s typical. Sometimes pages have only one line at the top and the rest of the page is all footnootes.
And there are many law review articles just about the phenomenon of law review over-footnoting.
There’s a big difference in securing signatures to close a real estate deal vs. depositing someone’s check into their his/her account. Besides the law that has already been cited above, a bank always has the recourse of debiting an account after accepting a check for deposit that does not clear. Contrast that to taking back some real estate after the ownership has already been changed!
In most states, documents need to be notarized to be recorded. If a person signs for another person on a document that is subject to the statute of frauds, or one that needs to be recorded, the power of attorney must be notarized and recorded, too. So it is very different.