Legal Question in Family Law in Pennsylvania

Federal Income tax check

I filed my Federal Income tax as Married filing Jointly for 2007. My husband didn't work that entire year and now we are separated. He lives in Texas and I moved back to Pennsylvania. I received my income tax check in both of our names and I can't get it cashed because of that. The banks tell me my husband has to be present to sign his name to the check. My husband and I are not on bad terms with each other but there is no way he can get to PA just to sign that check. I don't know how to get it cashed, can you help or tell me how I can find help on this matter? Thank you! I desperately need to get this check cashed as I haven't been able to obtain a job yet and I'm broke.


Asked on 3/25/08, 1:15 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Federal Income tax check

You asked about negotiating a two party check where one party is not present.

There are few solutions to this (and the banks are being weenies about the law in implementing these new policies).

The easiest way is to present the check to your bank. Open an account if you must and deposit the check. A bank must negotiate a check for a customer but does not have to do so in many circumstances for a non-customer.

Speak with branch personnel, not the tellers, and explain that this will need some creativity and a large amount of patience and humility on your part.

It's an asinine policy as married persons are generally able to sign for each other. There is no basis is the law (or banking regulation) for the policy but banks have uniformly implemented this policy in attempting to comply with various know your customer regulations.

Regards,

Roger

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Answered on 3/25/08, 9:27 pm


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