Legal Question in Banking Law in California

I am looking for the Universal California Commercial Code Section or Article for the right of refusal or dishonor of a check if a personal check is issued by a drawer to an incorrect last name of the payee - not a mispelling of a name & a name that is in no way similar - with the intent that they cannot lawfully endorse the check to obtain the funds. I have found the ones for employers & cashier's checks, but isn't there a guideline for personal checks that the banks follow as well? This question is related to individuals, not business or insurance, etc.

I was mailed child support from my former husband & he feels I should not use my married name anymore so he put a different one on ther check. The bank refused it, but when I asked if they could stamp it REFUSED so it is not just my word, they said they do not have one; nor could they give me any details...I am relying on the internet & can't seem to find the right answer. Help.


Asked on 6/20/11, 4:23 pm

1 Answer from Attorneys

Skip the banking law and just take the jerk back to Family Court on a contempt citation for non-payment of support. If your divorce judgment did not restore your maiden name, your name is your married name. If he paid someone else, he didn't pay. No Family Court judge is going to put up with his games. If you are in the San Francisco Bay Area, I'd be happy to take your case, apply for him to pay your fees, and wait until after the hearing for payment. I can't make payment contingent on the outcome, because that is illegal in Family Law, but I can certainly wait until we get the hearing done, and I'm confident he will be ordered to pay any fees you incur.

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Answered on 6/22/11, 2:03 pm


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