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Thread: Currently being denied my deposit with demand to redeem lawful money

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  1. #14
    Quote Originally Posted by JohnnyCash View Post
    I've been using the ATM to deposit my checks, usually with just the restricted 12 USC 411 rubber stamp, and it's been working great - no questioning tellers, no counter trolls, no denials.
    Attachment 2189


    Thanks for posting this stamp, which I know is what David has always recommended and used, and which is working, but sometimes is rejected as a "restrictive endorsement".

    Here is WHY I do NOT use this stamp.

    Technically, 12 USC 411 states that one may only demand lawful money, after which the system is presumed to have the duty to "redeem" it into lawful money.

    12 USC 411 does not say that we actually do the redeeming. That is not our responsibility, IMO. That is the system's job.

    Therefore, the wording in this stamp is presumptuous. It is stating something that may not have occurred yet.

    We cannot technically state, at the time that we stamp our instrument, that it is, at that instant, "Redeemed Lawful Money".

    Also, look at it this way.

    If it already has been redeemed as it says on the stamp, then the system would then NOT have to redeem that amount on that instrument, and the person stating that it was already redeemed could be accused of fraud-in-the-factum.

    So, this is an important technicality that IMO should be thoroughly discussed here, and resolved ASAP.

    This is why I use this handwritten demand below:

    Name:  deposit-slip-demand.jpg
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    Last edited by doug555; 01-24-15 at 04:54 PM.

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