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#2030685 03/07/08 06:14 PM
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Went to Post Office...my key didn't work. I went to front counter and the guy said, oh yeah, you had a "hold" on it...let me get your mail for you.

In it was an envelope from OM w/ what is obviously a check in it...

What are legal ramifications of my opening it?

You'll love this...the dumba$$ didn't even spell her name right!!! <img src="/ubbt/images/graemlins/rolleyes.gif" alt="" />

What would YOU do?

If it's a check, can I deposit it in a joint account?

Last edited by Learning2Fly; 03/09/08 12:02 AM.
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Well... this isn't exactly the same but here's what Jennifer told me about filing my taxes separately...

I filed separately and itemized... WW got nothing... Jennifer said if she would have had a chance to councel me that she would have advised against it. I'm assuming because it was such a big love buster... It felt good doing it but in retrospect... if I wanted to try and fix my marriage it was probably a step in the wrong direction... but... only time will tell...

JMHO


BH, 46
STBXWW, 41, Serial Cheater
D-Day #1 5-26-2006 (Our Wedding Aniversary)
D-Day #2 12-26-2007
D-Day #3 5-11-2008
Separated 1-5-2008
STBX filed for divorce March 2009
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I'd deposit the check and withdraw the money.

Have a chick endorse it.


I watch, and am as a sparrow alone upon the house top.
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I would open it. DO NOT DEPOSIT IT. That is fraud and you will be prosecuted by the bank. It is a crime against the bank...not him.

Last edited by mkeverydaycnt; 03/07/08 06:50 PM.
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I find myself agreeing with MEDC for the second time today...The world must be near its end... <img src="/ubbt/images/graemlins/crazy.gif" alt="" />

Mark

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Nah, you are just becoming wiser.

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Open it, hold it, but DO NOT deposit, forge or cash it.

Hopefully someone with more knowledge on the law as far as what you should do with it beyond that will come along soon!


Peace,
LaLa

FWW(me) 37
BS 38
DS 9 & 5
PA 7/06-8/06
Dday 2/17/07

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Quote
I find myself agreeing with MEDC for the second time today...The world must be near its end...


Now THAT's funny... <img src="/ubbt/images/graemlins/laugh.gif" alt="" />

OK, suppose I'm deployed and my wife receives a check written to me. Can't she deposit it into our joint account? I'll guarantee you SHE's done that many times i the past.

OBTW, don't need to open it...a strong lightbulb revealed the contents. It is a check for $500. Services rendered perhaps??

...sorry... <img src="/ubbt/images/graemlins/smirk.gif" alt="" />

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Nah, you are just becoming wiser.
Yep. We're a couple of wise guys alright...

Mark

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L2F,

If nothing else I think she should know he spelled her name wrong.

And when she gets handed the check by you, still sealed, her explanation should be priceless...Maybe worth the 500 bucks...

Mark

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OK-I was a bank teller for quite a while. You could LEGALLY write "For Deposit Only" on the back and deposit it into your joint checking account. Then you could go to the ATM and withdraw it immediately as long as the bank does not put a hold on it. The reason I suggested you DON'T do this is because with a possible split up and considering who the check is from...may cause problems down the line, yanno.

But yes, you could legally deposit it in full (without signing it) and then withdraw it. Make sure you keep a copy of the check and deposit slip, as well as the receipt you receive from the bank for the deposit.

Just don't know if it is a good idea....could be wrong!


Peace,
LaLa

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BS 38
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PA 7/06-8/06
Dday 2/17/07

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I think the bigger question is why is your WW putting a hold on your mail. I think that question sure needs to be asked. See what response you get and maybe that will tell you what to do with the check. ******, maybe hold the check for a few days and see if OM is stupid enough to send you another one since the first got "lost in the mail" <img src="/ubbt/images/graemlins/smile.gif" alt="" />


Male 34 (1st Marriage) WW 32 (2nd Marriage) Met 7/02 Moved In 10/02 Married 6/07 EA D-Day 1/5/08 PA D-Day 1/8/08
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Depositing that check will be fraud based on his intent. He KNOWS the check is not for him. So, while the check can be legally deposited...using the funds would certainly constitute fraud.

L2F..there is no intent to deceive so your wife is free to deposit those checks.

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Although you could deposit it, personally I'd rather hand it to her and watch her squirm.

Or, you could deposit it and hand her the deposit slip. <img src="/ubbt/images/graemlins/grin.gif" alt="" />

That would give her extra time to panic as she has to research to see if THAT was really what was deposited. <img src="/ubbt/images/graemlins/eek.gif" alt="" />


A smooth sea never made a skilled mariner.
~ English proverb



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Hmmmm...good point, MEDC! Gotcha!


Peace,
LaLa

FWW(me) 37
BS 38
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PA 7/06-8/06
Dday 2/17/07

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You'll love this...the dumba$$ didn't even spell her name right!!! <img src="/ubbt/images/graemlins/rolleyes.gif" alt="" />

Yeah, I think you can safely say Wayward as He!!


Male 34 (1st Marriage) WW 32 (2nd Marriage) Met 7/02 Moved In 10/02 Married 6/07 EA D-Day 1/5/08 PA D-Day 1/8/08
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I would hold the check, say nothing, and wait for her to start asking questions.

Should be fun to watch.

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I would turn the check over to my lawyer for evidence.


Cafe Plan B link http://forum.marriagebuilders.com/ubbt/ubbthreads.php?ubb=showflat&Number=2182650&page=1

The ? that made recovery possible: "Which lovebuster do I do the most that hurts the worst"?

The statement that signaled my personal recovery and the turning point in our marriage recovery: "I don't need to be married that badly!"

If you're interested in saving your relationship, you'll work on it when it's convenient. If you're committed, you'll accept no excuses.
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DO NOT DEPOSIT IT. That is fraud.
not true. as another poster said, you can legally write For Deposit Only and deposit into any account that has her name on it.

medc, your messege contradicts itself:

Quote
Depositing that check will be fraud based on his intent. He KNOWS the check is not for him. So, while the check can be legally deposited...using the funds would certainly constitute fraud.

bottomline, the answer to Learning2Fly's original question is yes you can legally deposit it into a joint account.

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it is not illegal to deposit a check made out to a spouse. However, L2F has a criminal intent in doing so....the money is not his to use and the intent to defraud would make his action criminal. I should have used the word "a" instead of "the" in the second sentence(taking away the contradiction).

Depositing that check would be stupid and serve no purpose(and therfore most likely seems like a great idea to some!). No lawyer would recommend doing so.

Last edited by mkeverydaycnt; 03/08/08 09:41 AM.
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