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When Check Payee Is Listed Incorrectly

How can I deposit a check into my account if the "pay to order" part of it has a different person's name?


It's not uncommon for errors to occur in the way a check is made out. For example, if the payee is Carin Stevens, a check writer who has only heard her name spoken, but has never seen it written, might write out a check to her as "Karen Stephens."

What matters is the intent of the check writer. The Uniform Commercial Code, in Section 3-110, says "The person to whom an instrument is initially payable is determined by the intent of the person ... signing as ... the issuer of the instrument."

The question here is "Who was the check made payable to?" and, just as importantly, who did the check writer intend to pay? Did he intend to pay you, and just garbled your name, or did you come into possession of a check that was intended for someone else?

If the check writer intended to pay you, but the check is payable under a name that is not yours, the Uniform Commercial Code, Section 3-204 says endorsement may be made by you in the name stated on the check, or in your name, or both, but the law says bank may require signature in both names before they'll accept it. If it's a simple flub on the name and you're an existing customer of the bank, it will probably be fine. Just endorse it according to the bank's instructions. If there's a major discrepancy between your name and the payee name, however, you would be well-advised to contact the check writer to have a replacement check issued with the correct name on it.

Published on BankingQuestions.com 3/26/07