Legal Question in Wills and Trusts in California
signing for check
I have been asked to sign a receipt for the court stating that I have received to cashier checks. I law firm only sent me photocopies of the check. I feel that I would be signing something that is not true. In the letter it states that after they receive this signed release then they will send me th real check. I feel I would not have any recourse if these checks do not make it to me for whatever reason
1 Answer from Attorneys
Re: signing for check
It is not clear to me who is asking you to sign the receipt. I assume it is the law firm representing you. It is standard practice for a law firm to ask their client to sign the receipt before they send the check [normally the client must also sign a release of the case] because often the client will cash the check and never getting around to signing the rest of the paperwork. If you or a trusted relative or friend were geographically close to the law firm office you could just call up for an appointment and then trade the release for the check. You could hire some messenger service to do the transfer, but how would they be more trustworthy then the law firm. Unless you have made a extremely large settlement, they are not going to run off with your check. If the attorney representing you has normally responded in a reasonable time than it is likely he/she will do so again as to the check. Since the check is in your name [original check probably in attorney and your name] how is anyone besides yourself going to be able to cash it.