A recent answer to a question stated that a bank should not accept a checkendorsed by one person if a check is made out to two people using "&". A check made out to my wife and myself was cashed by my wife. The check stated "&" and "Jt ten" and was only signed by my wife and cashed, referencing an account that is in her name only.
My bank that is a credit union in NY, told me they made a mistake in cashing the check, but that there is nothing they can do to get the money back. They told me to contact the bank that originally issued the check and make them start the proceess to get the money back. Do I have any legal rights to make my bank reclaim the money? I would like to get back at least half the amount of the check without hiring an attorney.
You should be contacting the party that sent the check to you and your wife, and telling them that you didn't get what you're entitled to from the check. Describe the circumstances, and the remitter should provide you paperwork on which you can enter a formal, notarized statement that you didn't endorse or receive benefit from the check.
The remitter then files a claim with the bank on which the check was drawn, and that bank forwards the claim to the bank where your wife deposited it. That bank deals with your wife to get its money back. Somewhere in that process, you should get a replacement payment from the original remitter.
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You should be contacting the party that sent the check to you and your wife, and telling them that you didn't get what you're entitled to from the check. Describe the circumstances, and the remitter should provide you paperwork on which you can enter a formal, notarized statement that you didn't endorse or receive benefit from the check.