General chatter - way way way way off topic......but very confusing and stressful

mrs dorson
06-24-2008, 03:07 PM
just wanted to say the bank cleared the check! whoohooo! i so appreciate all the info and suggestions!

and i will totaly be getting a POA very soon. less stress.

thanks again!

hello all,
i usually post on the 100 pound board but thought since it is so far off topic; this would fit better here. (and might be read by someone who can help):D

it has to do with the IRS and the tax rebate check. the good news is i got one. the bad news is it is in both my name and my husbands. the complication is that he is incarecerated. he has/will be there for quite some time (i am open to discusiing it but long story, too long for now),
since he is in prison, he cant go to bank to sign check in front of anyone. when i filed (married + filing jointly) i was completely truthful and got a refund (regualr one). which was direct deposited at my bank (it was in my name only-i think?). this one is is in both our names.

i dont know what to do. i am worried that i wont be able to cash it.:?: i endorsed it and put it in the atm deposit. so far it hasnt been cleared but at my bank they allow access to $100 of any deposit immediately. i do see that.

when i called the bank, the customer service rep said that it would be returned. i didnt give my name or account number (i hate that! feel sneaky and like i did wrong) so i know it isnt flagged or anything.

on top of this, i am sick (flu stuff) and my husband is sick too; so i am extra sensitive and weepy. bad sick person.:o

so my question is........if the check gets returned to me. what do i do?
i could go to my bank branch and show proof that he is incarcerated and our marriage certificate??

and i am annoyed that the first check was direct deposited but this one wasnt because i used turbo tax!!

please help if you can and thanks in advance!

Mrs Snark
06-24-2008, 03:12 PM
My husband signed the check at home and so did I. For both our refund and our stimulus checks we both signed them at home. The bank deposited both without a peep. I don't think you need to sign in front of the teller or anything???

mrs dorson
06-24-2008, 03:14 PM
the only thing is he is not on the bank account. is your husband? and i suppose if i get it back; i could have him sign and then redeposit.

06-24-2008, 03:18 PM
I was always told that if one check was made out to two people, then both people need to sign the one check.

06-24-2008, 03:55 PM
Is there any way (if you have visitation) that he can sign it, and then you deposit the check into your account?

mrs dorson
06-24-2008, 04:08 PM
yes! he can sign it. i am still waiting (on pins and needles) to see what the bank does. if they do return; i am going to ask why they allowed the direct deposit without only me? i just hope it goes thru.

i have horrible headache and this is making it worse.

the cust serv rep said he had to be there and it wouldnt be able to be deposited at all. it would have to be cashed????

i am 90% sure that is totally worng.

winning the war
06-24-2008, 05:00 PM
I don't think you should have any issues with it. Any chance your husband could give you power of attorney until his sentence is over? My husband is in the military (I know, not the same, but he's never here!) and I have power of attorney just because of potential issues like these. I honestly don't think you'll have issues though. Good luck and feel better soon!!

06-24-2008, 05:50 PM
I've worked in banking for 18+ years. Typically on a government check both (all) signatures are required. That said, sometimes these checks do slip through and can be transacted without all of the proper endorsements. Here's the scarey part--these checks can be returned for up to seven years out! That outrageous period of time only holds true for gov't checks.

My suggestion would be to verify that the bank didn't catch the missing endorsement and has, in fact, deposited the check. You should be able to do this by the next business day. If the check has been deposited, then there's very little chance of you stopping the process and getting the check beck so that you can collect the endorsement. These checks are generally so small and so numerous that the gov't probably won't catch yours, in any case.

No legal advice intended--just thoughts based on experience!

06-24-2008, 06:54 PM
I also worked in banking, he only needs to sign in front of a teller if you are getting cash back. I think there is a good possibility it will go through if it is for deposit only. If his signature is needed I think you will need to visit him and get his signature. Try not to stress about it until you find out what the bank is going to do.

mrs dorson
06-24-2008, 07:22 PM
thanks so much. so far it still shows as pending-just like a "normal" deposit. the power of attorney is a wonderful idea. i wonder if it is something that can be done without a lawyer? like a will you do yourself? i am going to inverstigate that as soon as my head quits pounding.

again....thank you very much!

06-24-2008, 09:43 PM
Have him sign the check next visit - and if possible, have him hand write a letter giving you permission to deposit and withdrawl. It can probably be stamped by the prison to prove that he is there.

It shouldn't be a problem. I work with a trust bank... and as long as there is written permission the other person can withdrawl.

mrs dorson
06-25-2008, 07:01 PM

06-26-2008, 09:30 AM
If your tax refund was direct deposited,then you stimulus check should have been too......or that's the way it worked in my state,but anyway ours was mailed to us and all I did was sign beside DH's and he took it to the bank and deposited it,except for a couple hundred or something and no questions were asked,what I'm saying is you don't have to sign for it and as long as your bank knows you,there shouldn't be a problem!!;):D

06-26-2008, 09:32 AM
Clarifying here: You shouldn't have to sign it IN FRONT OF ANYBODY,there I got it right that time,you're not signing a title to a car over to someone that has to be noterized lol.......I'm a ding a ling..........