Skip to comments.Do check writers have the right to know the name on the account where a check is deposited?
Posted on 05/11/2011 12:30:10 PM PDT by Minn
A few years ago I made a loan to a particularly flaky gal I know. Fortunately, I got some collateral in the form of a diamond ring. After hearing nothing about it from her for about a year and a half I sold the ring, and actually got a bit more for it than the loan was for. That's just interest as far as I am concerned
Well anyway, said flaky gal suddenly remembered I had her ring and called me up to ask for it back, claiming no knowledge of the loan arrangement. How I would have otherwise obtained the ring she can't say, giving you an good idea of the extent of her flakiness.
I obtained a copy of the cancelled check I wrote her and showed it to her. She claims the signature isn't hers, she has never seen that check in her life, and she wants her ring back.
There is of course account deposit information on the check. I suppose it is possible she passed the check on to somebody else, which of course does nothing to relieve the obligation of her debt to me. Since I came out of the deal OK, there isn't much urgency, but it would sure be interesting to get to the bottom of it, and perhaps rub her little nose in it a bit.
Does anybody know if I can walk into the bank where the check I wrote was deposited and be told the owner of the account? Or does such a thing require some sort of legal authority?
Of course this begs the question of her knowing you had the ring if she supposedly never borrowed the money from you. If she can't prove that she didn't sign the check or borrowed the money, then you can't prove it is her ring.
You acted as a Pawn Broker, you gave cash in exchange for collaterial. Any Pawn Broker has a very basic arrangement. Unless you repay your “loan” plus some interest rate, within a fixed time frame, your collaterial is forfeit.
She failed to repay the loan within a reasonable time period; thus her ring was forfeit. Perhaps you might suggest that the next time she wants to borrow money, she contact a bank.
You are under no obligation to loan money, and hold onto a ‘useless’ trinket indefiniately. Most Pawn Shops make the arrangement for a month or two - am I safe in assuming that she took longer than a month to repay the loan?
After a ‘reasonable’ amount of time, my belief is that she was no longer the owner of the ring, you were. And as the owner of that ring, what you did with it is your business and your business only.
Keep screwing around and that could change.
Stay away from crazy people.
Well, if she didn’t receive a check from you, how on earth did she know you had the ring?
Chances are she’s lying.
As for the bank offering that type of information, I cannot say, but it sounds dubious. If she takes legal action against you, perhaps they would surrender that information to your attorney?
She is saying “What check?”, so I would say: “What ring?”.
In addition, she says “what loan”, and you can reply “what ring”.
I think you have a wrong number.
Aside from that, you have the canceled check. That alone affords you all the ammunition needed when you tell her, "Sue me."
I'll bet she can't afford an attorney plus she has no leg to stand on. Nor could she pass any handwriting analysis comparing her signature to that on the check.
Fuggedaboutit. Move on and have no further contact with her.
Basic information first. Did she sign any type of agreement for the check? Did you sign any type of receipt for the ring?
Tell Judge Judy that Freepers love her, but stop the anti-gun rants.
How I wish. Unfortunately, that will have to wait until two girls are grown.
The bank will not give that information to you but it will reply to a subpoena.
Was there a written agreement, sig papers, or a receipt? If not then she sold you the ring, or, as she is claiming, gave it to you. Be sure to thank her for the gift. Ask her to thank you for the gift of money.
“perhaps rub her little nose in it a bit.”
Never mud-wrestle a pig. You’ll just get dirty, and the pig likes it.
You bought a ring from her, with the option for her to buy it back. You later sold it. Issue over, walk away. Don’t even ask the obvious question of why, other than sale or pawn, you would have her ring for a year+. Sounds like a good time to sever contact; some people you just have to drop from your life.
As another noted above: “What ring?”
Any small claims judge would rule in your favor since there was a form of contract. You loaned her money (you have the check to prove it) she gave you a ring as collateral and she never paid you back.
Make her sue you.
Stay away from crazy people.
Yes! Take that advice. If she is manic depressive, you may end up with her car crashing into your house or worse.
from this point forward, if I were you, I’d make it a point not to say anything to her in person or on the phone in case she has others listening or is recording the conversation. I’d simply ask “What ring? WHat makes you think I have it? Why would you have GIVEN me a ring for no reason? You paid back the loan? Where are the cancelled checks? Etc.”
Ah. Well, then, it’s
Her: “what loan?”
You: “what ring?”
Oh boy. Is this your ex??
Have her send you a copy of the singed receipt for the ring.
Have you considered waterboarding?
Sadly for everybody, especially the children, yes.
“Stay away from crazy people.”
And, sorry about the redundancy...lawyers.
Well, that puts an entirely different light on how the whole situation came to be - the loan, ring, everything. Not so simple anymore. Tons of history.
If the divorce is final, usually part of the decree is that neither party will be come back and claim further damages in money or property.
personal opinion: don’t rub her nose in it, that’ll do more damage to your kids than any amount of personal satisfaction is worth.
Tell her to sue. All that info can be subpoened.
You got a copy of the check. That is all you need. She has to prove that she paid it back or she is purely SOL.
By proof, she has to show receipts, or canceled checks cashed by you or signed by you. If she cant, she is SOL. In short, she is SOL, and if she persists, she can be sued.
Oh and BTW, if it gets that far, get a copy of the withdrawl showing that money was taken out of your checking account.
Lots of banks have that online if you do online banking, if not, you’ll have to go to the bank for that info. They have to give it to you.
If she does, just show them the cancelled check made out to her, and tell them any further inquiries should be made via your lawyer.
I don’t know what state you live in, but before you go to any trouble with courts etc., Google “Statute of Limitations on Debt” for your state. Most states have a limit of 3-6 years after which you can’t be sued.
Well Mindy, seems you’ve got yourself a poser here.
Maybe you could meet her in a public place, like an airport or bus station and let her pummel you with her little fists on your manly chest until it’s all out of her system
Either that, or you could meet up with her in a dark alley somewhere and mug her.
Just a couple of “Manly Man” suggestions I remember some FReeper making on this forum a while back.
Also the pro Planned Parenthood ones as well.
“She was fifteen years old, going on thirty-five, Doc, and she told me she was eighteen, she was very willing, I practically had to take to sewing my pants shut. Between you and me, uh, she might have been fifteen, but when you get that little red beaver right up there in front of you, I don’t think it’s crazy at all and I don’t think you do either. No man alive could resist that, and that’s why I got into jail to begin with. And now they’re telling me I’m crazy over here because I don’t sit there like a &*^damn vegetable. Don’t make a bit of sense to me. If that’s what being crazy is, then I’m senseless, out of it, gone-down-the-road, wacko. But no more, no less, that’s it.”
“One flew over the Cuckoo’s Nest”
Do you think she’ll sue? If so, get an attorney and ignore all the advice you’ve read from FReepers here. I’ve been around long enough to see decisions in civil court that defy all manner of logic, and often times even when it’s followed the law isn’t what common sense would dictate that it is. I learned in court myself that in Texas, a parent is not financially responsible for damages caused by a 7 year old offspring with a hammer and an ice pick.
He should be praying that she never sees this thread.
A judge could have a real ball with it.
This bit jumps out at me:
“and perhaps rub her little nose in it a bit.”
We’re talking screwed, blued and tattooed.
Judges just love domestic vendettas which include humiliation, I bet.
Glad as hell that *I* didn’t post all that incriminating stuff.
[since accusations often equal subconscious confessions...kinda makes ya wonder about the whole “evil ex” story, doesn’t it?]
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