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Joint Account - Joint Mixup

I have a joint checking account. One person wrote a check that wasn't cashed, and then the account was closed. Then the person tried to cash the check. Are both people on the account responsible or just the one that wrote the check?


If the account was closed, it is closed and any "joint and several" liability provision should be a dead issue, so the individual who cashed the check would be the only person liable. If there is wording in the deposit contract that allowed the "joint and several" liability provision to survive the closing of the account, both former account owners would probably be liable.

A more accurate answer would depend on the laws of your state and the specific wording of the deposit contract. You should consult an attorney for advice on your question, particularly if the dollar amount involved is substantial.

Published on BankingQuestions.com 11/24/10