So I have a family member that has passed and they had automatic payments going out. One was to their rental unit for the upcoming month that turns out does not need to be paid since we moved all of their stuff out and the rental company worked with us. We asked the rental people to sign the check over to use and they basically stamped it with their "For Deposit" stamp and sent it back to us. We went to the bank and they said that we need them to do "Pay to the order of (my name)" and then they sign it.
We have limited access to this family member's bank account cause we need to go through the legal mumbo jumbo and the bank is not local for any of us.
Could I just Write on the back the "Pay to the order of " on top and then sign it? Or what should I do in this case?
Technically that would be fraud, so no, I wouldn't suggest it. I would ask the rental people again to work with you to meet the bank's requirements... If they refuse to, this is a situation I'm sure they wouldn't want reported to the BBB, so I'd think it ought to go over smoothly.
Sorry for your loss.
posted: Jul. 6, 2011 @ 2:49p
Why not just shred the check?
posted: Jul. 6, 2011 @ 3:03p
Check with the bank whose Bill Pay was used. With many of them, if a check is not cashed for 60 or 90 days the funds are automatically returned. With some others you have to request this.
posted: Jul. 6, 2011 @ 3:04p
Because the funds had probably already been deducted from the deceased persons account, as is the case with many billpayment services
If the check is not cashed the funds should eventually go back to the deceased persons account, but if the account has Been closed due to death it may create all kinds of hassle
posted: Jul. 6, 2011 @ 3:28p
I don't want to do anything fraudulent until I can get my name on the checking account.
I thought that the funds would go back into the account but was not sure. On the check it does say "Remittance void if not cashed within 90 days."
Thanks for the advice.
Senior Member - 1K
posted: Jul. 6, 2011 @ 11:14p
ajh5408 said: Technically that would be fraud, so no, I wouldn't suggest it. I would ask the rental people again to work with you to meet the bank's requirements... If they refuse to, this is a situation I'm sure they wouldn't want reported to the BBB, so I'd think it ought to go over smoothly.
Sorry for your loss.Technically, there is no technicality. It is fraud.
The question is, fraud against who? Certainly not the storage place - after all they turned the check back over to you since they knew they were not owed any money. Fraud against the deceased account owner? I think not since you're returning the money to that account (assuming that it has not yet been closed).
So while it is fraud, there will likely be no one to press charges.
PS, ajh5408, should the rental people refuse to work with the OP, exactly what would you report to the BBB? That the rental people stamped the check "For Deposit", but did not cash the check, returned the check and that they no longer have it? That would be a good thing, wouldn't it?
posted: Jul. 7, 2011 @ 12:54a
(good) billpayment systems are designed with check expiry mechanism which involves refund of of amount to payor at date of expiry.
Edit: I design/develop for bill payments company
posted: Jul. 7, 2011 @ 1:35a
BayAreaGuy said: (good) billpayment systems are designed with check expiry mechanism which involves refund of of amount to payor at date of expiry.
Edit: I design/develop for bill payments company
Yes a billpayment check NORMALLy is redeposited automatically if not cashed . The problem here is that the account had been closed to due death of the customer. Often times in that situation, credits will not post to the account and it's a huge hassle to resolve
posted: Jul. 7, 2011 @ 11:09a
The account is still open and active.
I was thinking that I could just VOID out the check and sent it back to the bank before the account is closed.
posted: Jul. 7, 2011 @ 11:18a
Call the bank (that issued the billpay check) and ask them what to do?
posted: Jul. 7, 2011 @ 12:57p
With my own personal billpay that type of check is not deducted until it is cashed. It's a check not an electronic debit. The money is still in the account. Just hold on to the check with void written across it.
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