Question

Can a lien be put on uncashed official bank check?

Asked 3 February 2012 · needs an answer

The question

I am a volunteer teacher. My literacy student (adult with second grade

reading level) suffered a severe auto accident which he narrowly

survived, spending three months in intensive care at the hospital. The

accident complicated his already advanced diabetes, resulting in major

kidney failure and dialysis dependency.

A law suit for an accident claim has reached a settlement. However,

as there were five passengers involved in the claim, the maximum

payout after attorney's fees will be less than $15K total for the client,

my friend.

The client is now frail and was hoping to carefully conserve and

manage these $15,000 for future survival, as he is approaching his mid

40s, is now dialysis dependent, and is progressively blind.

To make matters worse, the client’s US citizen wife who is also very low

income and under-employed (Carribbean immigrant, recently

naturalized), has decided, since the client’s accident and declining

health, that she may sue for divorce. They have not lived together since

the accident; he has been cared for by his brother’s and nephew’s

families instead.

Is there any way my student can protect his meager funds from any lien

action pre- or during a possible hospital collections action or divorce

dispute? He would rather protect his money while he works out a

payment arrangement, if necessary.

He has not yet cashed the settlement check, which was written from his

attorney’s account. He asked the bank (HSBC) about cashing the check,

and they said he needs to deposit it into an account and wait for it to

clear, because of the amount of the check (more than $2000).

He is thinking of opening a new account in his name, just until it clears,

and then purchasing an official check which he would write to himself,

drawn on official HSBC paper. The bank says such an official check is

as good as cash, and can be kept for as long as he wants before

cashing in the future.

Our question is: Could his spouse ever put a lien on the uncashed

official HSBC check?

Note: My student/client is unwilling to write the check in anyone else’s

name, as even his family members have treated his own savings and

credit cards as their own in the past (even forging his signature), and

now that he is wise to the risks, he wants to take no chances with his

frail future and these very needed funds.

Thanks for any qualified knowledge on this matter, CC

From the LawyerCentral forum archive. Originally posted 3 February 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

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