Posted by Jason - CA on August 25, 2004 at 03:19:25:
I’m not an attorney, but here’s what I would do:
Demand in writing that they stop payment and re-issue the check. They MUST honor that request and this should result in either a re-issue or a response from them stating that the check was cashed. If the check was not cashed (or they ignore you), you probably have a legitimate small claims action against the Broker. The threat of such along with a threat of a formal complaint may work.
If the check was cashed, you might have a legitimate small claims action against the ex, or you can threaten to file charges against her for bank fraud if she does not hand over his share. The bank that accepted the check may possibly have liability or offer him recourse and then prosecute her for same.
If his name was on the lease and he was the legal tenant and the one who made the deposit, you might also have a case against the Broker for issuing the check to someone who wasn’t the tenant. If your state is a community property state, this argument may not hold water.