Cheques

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Sorry if this is the wrong place to put this, but none of the other forums seemed completely suitable. It's a semi-legal question:My ex (Rant II) and I were signed jointly on an apartment lease. I alone provided the security deposit. Now the apartment is over with and has been moved out of; a few days ago I got the security deposit return check in the mail (my ex was not present, so I left only my address for the cheque, which seemed fair since I alone supplied it along with the whole of 5 months of rent when she moved out). Problem is that the cheque is in my name AND her name... and I cannot find a bank to cash it without her signature on it OR her present. I have contacted the leasing office and they say that there is nothing they can do. I have tried contacting her, but she will not return my calls.I had to quit my job when I moved back from college, and paying 5 straight months of rent has left me too broke to pay my last month's bills from the apartment (lighting, phone, etc.). I was really counting on this money to pay my bills, and I cannot simply let this go. Does anyone know of anything that I can do? I have considered contacting an attorney to ask what my legal options are. It seems off that she would be allowed to simply keep me from accessing this money simply by refusing to cash the cheque with me. Are there any options out there for me?Thanks in advance for any advice.LQ

Legally, it is correct to put both names on the check.. It's up to you to get your ex to sign the check so that it can be cashed... But since it's in both your names, she can claim 1/2 which may not be correct, it definitely can become an issue...I guess the only recourse is to sue her if she refuses to sign.

I would be very tempted to deposit the cheque via an ATM as they often receive less scrutiny. Unfortunately, that's far from a guarantee that it will work.The fact that she's not returning your calls tells me that she's not after the money.Maybe you might have to give up a couple of bucks and go to a cheque cashing chain store. They night not be so sticky on the details.(happy to see you spell cheque correctly )

No, I think currency exchanges/stores of such type have gotten much more Nazi ish lately. But I can't offer much there.I would have to agree with sdp for you, Q. Wish I could help more, though.

I did consider the ATM option, but I was googling the process, and it seems like I have to either wait for the bank to clear it in the morning or have the money deposited into an account. The fella who handles these things at the leasing office assured me the drawing bank would and has allowed these cheques to go through with any manner of endorsement. The big hassle is getting it to go through the cashing bank. If I used an ATM, does anyone know of any ATMs that would give me cash for the cheque on the spot?Thanks,LQ

I am going to the yellow pages to look for a lawyer who can handle something like this. Perhaps if I can have an attorney send a letter to the ex, it will jolt her into taking action. What type of lawyer should I look for? Preferably a free one who will only charge me $20 or so for helping me retrieve the money....Thanks,LQ

You might try legal aid first. Any attorney should be able to right the letter. Doing anything more than that it's probably not going to be worth hiring one.One thing you might do is send her a registered letter so you can verify she has received it. Explain clearly in the letter all your seeking is for her to sign the cheque so it may be cashed. If at that point she no longer responds take her to small claims court where you shouldn't need an attorney. Just be sure to keep a copy of the letter you send her and the receipt from the post office stating she received it. That will do nothing to help you now but it's better than letting the money go down the drain.

This is not specifically about the cheque, but about the money she owes me in general.I sent her a registered letter telling her she needed to pay me in 30 days or that I would take her to court (she owes me over $2000). So, she sent me an email (the FIRST time she has contacted me since we last spoke a week after she dumped me several months ago, mind you) telling me she would pay me back in payments of about $100/month until she was paid off, but said I would not get the first payment till the end of August.Now, she has been putting this off for a long time, and it seems as though now she is attempting to put it off once again. My plan is to either look into some way to officialise her agreement with the courts, or, if not, request that she make a payment at least before the 30th day since the letter was received. I am wondering if anyone here might know how I could go about doing this. I am not sure if the courts have such a program.Thanks,LQP.S. She said she would call the leasing office and try to get them to cut the cheque for the sec. deposit in just my name.

First, make sure you save that e-mail. That e-mail with her acknowledging she owes you the money and the fact she will pay you back is a contract and will hold up in small claims court if it comes down to you actually suing her. Whether she knows it or not she has now bound herself in a contract to pay you back.Second, give her a chance to pay you back like she requested. If you sue her too soon, meaning before her August deadline, your case will most likely be thrown out because you did not give her a chance to pay you on the time frame she said she would. If after the August deadline she still has not paid you, then you can feel free to sue her in small claims court because she went back on her own contract.Thirdly, realize just because you sue someone does not mean you will get the money, nor get it quickly. My mother sued a company that removed trees in her backyard for damage and not removing stumps and she has yet to get her money back and that’s been over 5 years now. So if you are able to solve the issue civilly rather than through the courts, that’s going to be your best bet (not to mention less headache and paperwork ).

Well, I sent her an email agreeing to give her the time she requested. If I do not get the first payment when promised, I suppose I shall have to send her another letter requesting payment and then proceed to sue if none is delivered...This is a long process. LQ