How can checks from a car accident be cashed if the owner is no longer in the U.S?

UPDATED: Sep 30, 2022

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How can checks from a car accident be cashed if the owner is no longer in the U.S?

My father’s car was hit by a drunk driver. She was completely at fault since the car was

parked in front of our apartment. Everything seems to be settled, however he was deported

a little before this incident occurred. Therefore, all the checks that he is receiving in regards to

the accident have no been cashed since he is not here in the states anymore. Is there any way to have him give me or my sister authority to cash the checks for him? They keep expiring since we are unable to cash. We just want to know what the possibilties are to get the money to him.

Asked on October 13, 2016 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

He needs to grant you and/or you sister a power of attorney to deposit his checks (or more broadly, to do banking or handle financial matters for him)--that's one way to do this. He can have one drawn up in his home country and send it to you, but you need to make sure it (and the way it is signed and witnessed) meets the requirements for a power of attorney in your state; a good idea would be to have an attorney draft if for you, though if you don't want to pay a lawyer to do that, you can find instructions, samples, etc. on the internet (just look at several sources and compare, to make sure you have the right and complete information).
Or you could mail or UPS the checks to him, he could endorse them on the back and write also on the back, over where he endorses it, "pay to [insert your or your sister's name]" and then send the check back to you; he will have endorsed it for payment to whomever he indicated on the back.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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