Banking law question: is it safe to send a cashier's check (money order) in the mail?

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I am hoping there may be someone on this forum who may know about negotiable instruments and more specifically, cashier's checks. If I send one in the mail and it is intercepted by someone who is not my intended recipient, they can cash it, right? It would not matter that they are not the intended recipient because it is the holder of a cashier's check that can cash it, right? Would it help to prevent an unintended interception if I wrote the recipient's name on the cashier's check or, as mentioned above, can anyone holding the check cash it regardless of the name?

Attorney Answer

1
Teri Walter ·
If the cashier's check is not made out to a specific payee, then it's a bearer instrument, and can be cashed by anyone, though it may be theft and/or conversion to do so. Most cashier's checks are made out to a specific payee, and if they are cashed by someone else without the payee's authorization, it's forgery. Unfortunately, that won't help you if you're the payor. If there's any significant amount of money involved, I suggest you have the cashier's check made payable to your intended recipient, and hand delivered.
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