Bank Requiring a Second Signature on a Jointly Named Check
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 14, 2026
Legal Inquiry
Consumer Legal Issue
Bank lied said I could only cash check if I put someone name on it check has both names on it but i'm the only policy holder and one who paid premium and the other person stole the money out of account it was not thier insurance money erso.
Attorney Answer
Whether the bank was right depends on the exact wording on the check: if it's payable to both names joined by "and," both signatures are required and the bank was correct; if it's payable in the alternative ("or"), only one signature should have been needed and the bank may have misapplied the rule.
Under Michigan law, a check made payable to two people jointly with "and" can only be cashed or enforced with both payees' signatures. A check payable in the alternative with "or" can be cashed by either payee alone. Look at the exact payee line on the check itself — that wording controls which rule applied here.
If the check was payable "or" and the bank still required a second signature, that may have been an error, and if it let someone else take money that should have come to you, you may have a claim against the bank for facilitating an unauthorized withdrawal. If the check was payable "and," the bank's requirement was likely correct, and your claim would instead run against the person who took the funds — a separate claim for conversion or theft, independent of anything the bank did.
What you can do:
1. Find the check (or an image/copy) and read the exact payee wording.
2. File a formal dispute with the bank and request its explanation in writing.
3. If unsatisfied, file a complaint with the CFPB or Michigan's Department of Insurance and Financial Services.
4. Separately consider pursuing the person who took the funds without authorization.
⏱ Time limits apply. Claims for conversion of an instrument, or to enforce an unaccepted draft, are subject to Michigan's limitations periods, so have a local attorney review your specific facts promptly to confirm the deadline before deciding whether to pursue the bank, the other person, or both.
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Frequently Asked Questions
What determines whether a check needs one or both payees' signatures?
Generally, the exact wording on the payee line controls — checks payable to two people joined by "and" typically require both signatures, while checks payable in the alternative with "or" usually need only one.
Can I hold a bank responsible if it lets someone else cash a check meant for me?
If a bank fails to follow the applicable signature rule and this results in an unauthorized withdrawal, you may have a claim against the bank, though the analysis depends on the check's exact wording and the bank's own policies.
What can I do if someone took funds that weren't meant for them?
You may generally pursue a separate claim against the person who took the funds, such as for conversion, apart from any claim against the bank, and filing a complaint with a banking regulator can also be an option.
