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#8295 - 12/04/05 01:30 AM Written vs Cleared when tracking funds
Greaterangels Offline
New Poster

Registered: 12/04/05
Posts: 1
Loc: Houston, TX
I’m in the process of tracking separate funds (in conjunction with a divorce) that moved through my checking account. The order that funds arrived and departed are critical to the result. Legally speaking, when are funds deemed spent, when a check is written or when it clears the bank. When are deposits considered deposited; when the checks are deposited or when the bank clears them? Any help would be greatly appreciated. The transactions took place in Texas and Arkansas, if that makes any difference.

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#8296 - 12/04/05 10:07 AM Re: Written vs Cleared when tracking funds
Anonymous
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Bankers do not routinely deal with ownership disputes in connection with joint accounts; there are no banking rules such as those you are looking for regarding ownership of the funds.

In the event of disputes among the owners, state law determines ownership. State law may indicate ownership between parties to joint accounts is based on "net contributions" or may be simply "equal among the parties" regardless of who contributed what or who withdrew what. The precision you are looking for is generally only sought in cases such as yours, divorce. Banks do not make those calculations, lawyers do - if the amounts are significant.

In general, the only dates that could be ascertained with any certainty are the actual dates the checks drawn were presented for payment and the actual date that checks deposited were posted to the account. Any other calculations would involve specific knowledge of the bank's clearing mechanisms.

Talk to your attorney.

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#8297 - 12/05/05 04:54 PM Re: Written vs Cleared when tracking funds
Sue Norton Offline
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Registered: 03/15/01
Posts: 336
Loc: Damariscotta, ME USA
Banks can only go with what they know. You could write a check to a friend today and date it last month. To the bank, however, that payment is not a reality until the check is presented for payment - either at a teller window or through the federal reserve. For deposits, you should check your bank's funds availability policy -- that will detail when you receive credit for specific types of instruments deposited.
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I knew I should have gone to law school.....

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