My husband received a letter a few months ago, stating that he owed the IRS $1500 for a tax return filed with his ex wife. We went and had the return amended, which we paid for, and it turns out that not only does he not owe, but the IRS owes him a couple hundred. The check came about a week ago, but it had both his name and hers on it. We explained that he doesn't have any contact with her, but they had to issue it to both. (She got the same letters about the error, but would have not responded simply because she figures it would be his problem if they owed, and it wasn't worth her time.) Now, our bank is telling us that they can only deposit the check if she comes in with him, and presents an ID. We might be able to get her to sign it, but there is no way she'd go to the bank. I figure this is just a worthless check now, and that money cannot be claimed, but I wanted to know if anyone here knew what we could do. He was considering going to talk to her, but I told him it's not worth the mental anguish for just a couple hundred bucks. (Though we could use the money right now) Basically, their divorce would have made Jerry Springer say "Yikes!" it was just horrific. Begging (and it would take begging) her for her signature and presence to cash is just not worth it. Do we have any other option than just let the money go? TIA

By Karen~moderator on Wednesday, February 23, 2005 - 07:51 am:

If a check is made out to two people, both people must endorse it to be cashed, doesn't matter if it is from the IRS or from you or from me. Most banks require proper identification when cashing those types of checks, and particularly checks from the IRS.

Why won't she go to the bank??

By Juli4 on Wednesday, February 23, 2005 - 09:08 am:

why doesn't he just try depositing it into his account. I have had checks made out to both of us or even just him and had him sign and then deposited it without any problem. Try just putting it into his account.

By Jann on Wednesday, February 23, 2005 - 09:56 am:

We just endorse the check 'for deposit only' and the account number. Never have had any problem.

By Breann on Wednesday, February 23, 2005 - 10:06 am:

Ditto Jann.
We've always endorsed the checks with just "for deposit only" along with our account number and never had a problem. This includes IRS checks and State Refund Checks.

Since it's just a small amount of money, I would guess that you wouldn't have any problems.

By Sunny on Wednesday, February 23, 2005 - 10:18 am:

Don't write off the money just because you think she isn't going to cooperate. It never hurts to ask her to go - she is entitled to half the money and that might be just the incentive to use to get her there. Call the bank back again and ask if there are any other options if she refuses.

I know that I have tried depositing checks into my personal account made out to both my DH and myself and have been told that I first needed to deposit it in our joint account. The only time I've put "for deposit only" is when the check was made out to one of my kids and they didn't have an account.

By Anonymous on Wednesday, February 23, 2005 - 11:13 am:

I can guarantee she won't cooperate. This divorce takes all over any other divorces I've seen, and she would do anything possible to keep him from getting anything. (She cleaned out their house while he was at work when he asked for the divorce, left him with a futon, lamp, filing cabinet, and half his clothes. People who know her family say her dad paid a bunch of guys to clean it out in about 2 hours.) She's near 30 and lives at home, so the money is irrelevant to her, she would give it up rather than let him have half. I suppose we can try and deposit it in the night deposit, but I know they wouldn't take it through the drive through. We had to go inside to deposit our own refund check, and we're both on the account.

By Karefl on Wednesday, February 23, 2005 - 11:34 pm:

How about the ATM for deposit? We have always deposited ours that way. No IDs required.

By Ginny~moderator on Thursday, February 24, 2005 - 03:28 am:

If you deposit through an ATM, it still goes through a human handler before it is processed. Just putting it into the ATM doesn't complete the deposit. The deposit is completed when the human handler processes the check and makes the necessary computer entries to the account. (One of my sons did this for a while.) My guess is if the bank has these rules about checks with two payees, the human handler will catch it. My second guess is that the bank may be more particular with IRS checks than others to avoid trouble with a government agency.

This bank may well have been burned by some situation where one divorced spouse forged the other's signature on a tax refund check and the absent spouse made a fuss. It happens.

What about calling the IRS, describing the problem, and asking if they have any procedure for dealing with it?

By Kaye on Thursday, February 24, 2005 - 04:28 am:

First I would just give it a go at depositing it. Do you have another branch of the bank nearby. I may just drop it in the night deposit and wish for the best. If that doesn't work, I would call the IRS and ask for two seperate checks. they can't help you if you don't let them know what htey can do.

By Colette on Thursday, February 24, 2005 - 07:26 am:

If all else fails, your going to have to decide if the $$ is worth dealing with all that she will dish out. Try calling the IRS and see what they say. Maybe they can reissue the check sending 1/2 to you and half to her?