Looking for advice from lawyers or police officers.

[DannyDeVito]

Let's make a long story short. My friend's son went to the police station cause his father cashed his $8500 cheque that he worked so hard over the winter time. Again too long to explain, he is a good kid and a bad father. Bottom line is he screwed his own kid by cashing his cheque by depositing it through the machine. Same last name therefore the bank let it through.

He told his ex he did it because he is lazy, doesn't clean his room etc.... I told her this is wrong, it is stealing and to contact a lawyer or bank manager stipulating that they had no right to deposit his cheque on his account.

The police officer told him this is a family matter and to deal with it internally. The bank manager is clueless on what to do and again said talk to your father.


What are his rights?.

 

[User-E]

How old is the kid?

 

[DannyDeVito]

How old is the kid?

He is 22 and wants to move away. His father has a third wife from Russia moving in next month. We thought he wants him out but why steal his pay cheque?.

To add yes father is a penny pincher, just want to know his rights?. Can he go to a higher up to complaint about the officer?. Can the bank transfer the money back because it is not the correct name?.

 

[Maurice Boscorelli]

Sounds like a civil case to me.

 

[Robintheboywonder]

The bank has to make it right if the cheque was not endorsed. He should raise hell at the bank and they should be able to transfer the funds out of his father's account.

 

[BEER]

By law they cannot give it to the Father as the name does not match.

 

[Allegra Escorts]

If I may offer some input, this sounds like a similar situation to something an SP friend of mine went through...

1) Was the cheque signed before it was deposited into the account? If it was endorsed, it's a much more difficult claim for the son to make.

2) How many days have passed since the cheque was deposited? By rights, the bank should not have cleared the entire amount, they should have only cleared a pre-set amount and held the rest until a certain number of days had passed (usually five business days or so).

3) If the cheque was not endorsed and the complaint to the bank was ignored or not dealt with, it's a clear-cut case of theft and the son can file a police report to that effect. Now, I'm not suggesting he do so, because family disputes are tricky and cops hate being stuck in the middle of them, but if he absolutely insists on doing so, there's no question the father stole from his son.

It mostly comes down to whether the cheque was endorsed prior to it being deposited by the father... But regardless, it's a terrible situation for all involved.

 

[Steeles Royal]

This is a no brainer. Ask to speak with your manager and tell him there has been a breach of duty.

 

[Wanker]

A Father that does this should be dishonored. Tell him to leave home and start his life again.

 

[Lorenzo]

I would have punched him hard a few times. Keep the money you rotten excuse for a father and forget you ever had a son.

 

[DannyDeVito]

He just deposit it on the bank machine.


Error on them as been told. Will keep you all posted on verdict.

Thanks for your input.

 

[j]

Yeah, this is a bank error issue. Especially if the actual cheque recipient comes in and says the cheque was stolen, it doesn't matter whatsoever if that thief is a family member or a stranger. Fraud is fraud, it isn't the boys fault, it is the bank for processing it thru.