Legal Question in Civil Litigation in Florida

Re: Stock dividend checks

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While you might have a claim against the bank or transfer agent, it would be extremely costly and unless you are talking about tens of thousands of dollars in missing dividends, it will most likely not be worthwhile. The bank is probably part of a national banking company with a substantial in house legal department and the cost to litigate will be expensive. The transfer agent is only responsible for the transfer of stock and not the payment on the divident check so any action would probably not be proper.

Your real cause of action is against your co-tenant whom you claim is wrongly taking your share of the monies. You should try to resolve this matter with him/her and if unable then you can consider alternative actions which may include either civil or criminal charges. The taking of your share of the monies may be civil theft or fraud, both of which carry treble damages and a right to payment of your attorney fees. You should review this matter with a local attorney who can advise you of your legal rights and remedies.

Scott R. Jay, Esq.

Re: Stock dividend checks

Unless a lot of money is involved, action against the bank is probably out of the question. The real claim is against the person who deposited the check even thou it was not correctly endorsed (I assume you never endorsed the check -- if you did, you are probabloy out of luck).

Try to resolve the issue with your partner and, if unable to do so, you can bring a small claims action to get your half of the funds.