Stimulus check deposit question
April 25, 2021 12:06 AM   Subscribe

Hypothetical question about a stimulus check printed as: John Doe c/o Jane Smith Street Address City, State, Zip. To be clear, this is printed on the check itself, not just the address on the envelope. Can Jane legally cash/deposit the check?

Obviously YANAL, but maybe you play one on TV. Additional information: assume that Jane in fact did deposit the check into her account, for damages John incurred while Jane's tenant, and that her bank cleared the check. John and Jane are not married and are of no relation; Jane does not have POA for John; John no longer lives with Jane. If John feels this is unfair and wants to pursue action against Jane, what are his options? If he files a police report, what could/would/should happen? Or does John need to contact a lawyer and sue Jane to recover all or part of the money?
posted by storminator7 to Law & Government (3 answers total) 3 users marked this as a favorite
If this is a federal stimulus check, John should reach out to the Office of the Inspector General of the Department of the Treasury and/or of the Postal Service. Her claim that it was to collect supposed damages would be considered heresay/hearsay.
posted by SillyShepherd at 12:49 AM on April 25 [1 favorite]

John should do a payment trace. IRS can, then look into it and reverse the payment if it was found to be deposited into the wrong bank account.
posted by SillyShepherd at 1:10 AM on April 25 [2 favorites]

If the amount is under the threshold for small claims court, that's a good resource. You should be able to tell your story and have a judge decide. You will likely be give an opportunity to resolve the issue, possibly with a (volunteer, possibly) mediator.
posted by theora55 at 6:59 AM on April 25

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