Is it illegal to cash a2 party check without both parties’ endorsement?

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Is it illegal to cash a2 party check without both parties’ endorsement?

Insurance check was written to myself and a contractor. I gave them the first check, and the second check was for work they didn’t do towards the insurance claim, so I cashed it and used it towards this work. Insurance company was fine with this, but the contractor is now saying I have to give them all of the money from the insurance claim-and that I can be arrested and sued. My contract with the contractor doesn’t state anywhere that insurance proceeds have to be paid to both of us. I think I need a real lawyer?

Asked on January 4, 2012 under Criminal Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As long as you did not sign the name of the other person on the two party check whyen you submitted it to the bank, I see nothing that you did illegal. The bank could have required the signature of the other person on the check before it was negoatiated in your favor.

From what you have written I see no need for you to consult with an attorney at this time. However, should a lawsuit be filed against you by the contractor over the check, it would be a good idea for you to consult with an attorney who practices law in the area of negotiable instruments.


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