Jump to content
Chapala.com Webboard

if you own a checking account in mexico read this


Recommended Posts

Just did some research for male friend of mine, said his checks were stolen and one check was cashed at his bank for $5000 pesos. the signature was incorrect and made out to al portador.

my friend viewed the videos at the bank on the day on the withdrawal , did not see anybody he recognized

bank currently not reimbursing friend for theft.

he figured the person choose a $5000 amount not to be suspicious.

There appears to be a rule that any bank must honor a check written out to the holder ( al portador) and the signature is 80% correct, bank will cash that check with no ID in Mexico

The amount of a check that can be written for with (al portador) is $19,999 ,

some banks say $9,999

so if a check is stolen, the bearer has a copy of your signature, like on your ID which was stolen also.

The thief can walk into your Bank with no ID , with your stolen forged check made it out al portador and get up to $19,999 pesos.

it appears there has been several incidences of this as I talk to others.

Please guard your checks

Do your own due diligence check with your bank on there rules.

al portador means pay the person holding this check. something like that.

Link to comment
Share on other sites

  • Replies 53
  • Created
  • Last Reply

Curious about WHERE this was done- guessing Lakeside- in GDL they are very tough

I bank at Bancomer for 5 years- opened my account originally in Ajijic- when I moved to GDL went to a large Branch here in GDL to withdraw cash---had this experience

went to ATM- out of service- so went to window and wrote check to myself -in my name and signed it

clerk asked for ID- gave my Mexican Drivers License with photo- NO Go- asked for my Passport

I told him- I dont carry my passport every day- you have my DL, My account info-- Whats the problem?? HIM --Need more ID- GAve him my Visa original- NO GO again-

Now I'm Mad- What's the problem-??? your signatures on your Visa and D.L. are different!!!!

I said- You have my DL with my photo, Visa with my Photo and ME standing here in front of you - what else do you need??? HE Passport !!

I asked for the Manager-clerk told me to get out of line and go see the manager who had 4 people waiting - I refused as had been there already for 1/2 hour--- finally, clerk took everything to the Manager- he returned and made me sign my name on a blank paper--- he came back and said NO- your signature does not match our computer signature

NOW I'm Furious-- manager refuses to leave his desk- supervisor comes to window- I sign 2 more times-he goes to talk to Manager - finally he agrees to give me my money!!

REASON- have terrible handwriting and never sign my name the same exact way--

At Lakeside, bank clerks may have many relatives- some of whom may not be so honest--
Link to comment
Share on other sites

It happened to my client with a check for $10,000 pesos. We sued the bank, should have an answer from the court in 2 weeks, went through a full suit. Have your friend call me, if I won the suit then i may make him a deal and take his case so he can recover something. Federal caselaw has come out on the side of the client in the past 2 years. Banks still never admit guilt and we went to CONDUSEF first and it was a waste of time so we filed suit.

Link to comment
Share on other sites

I can't get the clerk at Banamex to tell me my balance without my Passport. They will not accept my INM card to check my balance. I must present my INM card to withdraw money at the window if I don't use an ATM.

I don't know which bank is cashing checks without ID but I bet it's not a Banamex branch.

Link to comment
Share on other sites

There appears to be a rule that any bank must honor a check written out to the holder ( al portador) and the signature is 80% correct, bank will cash that check with no ID in Mexico

THE ABOVE IS A QUOTE FROM THIS THREAD.

THE ABOVE INFORMATION IS INCORRECT. Do not worry please. You can not cash a check in Mexico without id.... and a drivers license is not sufficient. The bank or the person cashing the check always asks for the id unless the clerks are in on the deal.

Link to comment
Share on other sites

Well, does that mean that Traderspoc and Intercasa are lying? I may not agree with all of the advise that Intercasa gives his clients, however, I tend to believe him when he says he has filed a lawsuit for this very thing. We might want to do some checking of our own directly with our particular banks instead of just assuming that because we have to have id for other transactions that we have to have id for the type of particular transaction they are speaking about on this thread. There are stranger laws than this that we have run up against both here and in the States for that matter.

Link to comment
Share on other sites

Well, does that mean that Traderspoc and Intercasa are lying? I may not agree with all of the advise that Intercasa gives his clients, however, I tend to believe him when he says he has filed a lawsuit for this very thing. We might want to do some checking of our own directly with our particular banks instead of just assuming that because we have to have id for other transactions that we have to have id for the type of particular transaction they are speaking about on this thread. There are stranger laws than this that we have run up against both here and in the States for that matter.

Spencer said he is waiting for the decision but he thinks he won. I did not read that Spencer said a bank can cash a check without proper ID and his client's bank did cash one without ID which why he won the suit.

It happened to my client with a check for $10,000 pesos. We sued the bank, should have an answer from the court in 2 weeks, went through a full suit. Have your friend call me, if I won the suit then i may make him a deal and take his case so he can recover something.

Link to comment
Share on other sites

When a check is made out to "Al portador" no ID is required as it is made out to the bearer, in the US they ask for ID even for checks made out to Cash, not the case here.

I am still working, tired but will paste here the closing arguments of case law we presented to the court

1.Registro No. 2 000 700

ACCIÓN DE OBJECIÓN DE PAGO DE CHEQUE PREVISTA EN EL ARTÍCULO 194 DE LA LEY GENERAL DE TÍTULOS Y OPERACIONES DE CRÉDITO. PARA TENER POR ACREDITADA O NO LA FALSIFICACIÓN NOTORIA DE LA FIRMA ASENTADA EN EL TÍTULO, EL JUZGADOR DEBE EFECTUAR EL COTEJO DIRECTO DE LA OBJETADA CON LA REGISTRADA EN EL BANCO COMO AUTORIZADA.

Localización: [J]; 10a. Época; 1a. Sala; S.J.F. y su Gaceta; Libro VIII, Mayo de 2012, Tomo 1; Pág. 367

1. Registro No. 160 942

CHEQUE. PARA ACREDITAR SU PAGO INDEBIDO POR PARTE DE LA INSTITUCIÓN BANCARIA, ANTE LA NOTORIA FALSIFICACIÓN DE LA FIRMA DEL SUSCRIPTOR DEBEN TOMARSE COMO DOCUMENTOS IDÓNEOS PARA EL COTEJO, LA FICHA DE REGISTRO DE FIRMAS AUTORIZADAS EN LA CUENTA Y EL ORIGINAL DEL PROPIO TÍTULO.

Localización: [J]; 10a. Época; T.C.C.; S.J.F. y su Gaceta; Libro I, Octubre de 2011, Tomo 3; Pág. 1527

1. Registro No. 2 000 699

ACCIÓN DE OBJECIÓN DE PAGO DE CHEQUE PREVISTA EN EL ARTÍCULO 194 DE LA LEY GENERAL DE TÍTULOS Y OPERACIONES DE CRÉDITO. AUNQUE LA FIRMA SEA NOTORIAMENTE FALSA, ES VÁLIDO QUE EL JUZGADOR TENGA POR LEGAL EL PAGO DEL CHEQUE, SI LA INSTITUCIÓN BANCARIA DEMANDADA DEMUESTRA MEDIANTE PRUEBA PERICIAL QUE DICHA FIRMA SÍ FUE PUESTA POR EL LIBRADOR DE LA CUENTA.

Localización: [TA]; 10a. Época; 1a. Sala; S.J.F. y su Gaceta; Libro VIII, Mayo de 2012, Tomo 1; Pág. 1089

There are limits on the amount of a check made out to the bearer, I do not recall but it was like maximum $20,000 pesos or less.

Link to comment
Share on other sites

If there is something I can't stand is when a (my) bank or any other business ask for my passport. Do they ask Mexicans for their passport? No. There are other means of ID besides a passport. I keep telling them that if I have an IMM card it is because I had a valid passport otherwise the Immigration would not have given me a card. Hein!!!!

No way, they look at me as if I'm telling them that their grandmother came over to dinner at my place last night.

It happened to me at an airline reservation counter. She asked for my passport and I said no. I don't need it as I won't be leaving the country. This is an internal flight. When she saw I wouldn't show my passport, that I would walk away, she asked for any other ID I had. :blink: When money talks.

But bank employees don't care where you go. It's not their business. And they have to obey the rules. If we want this to change, we have to complain to the head office. Even the manager cannot change things. They won't even try. They don't care.

Link to comment
Share on other sites

Only certain documents are legal ID for foreigners in Mexico. Those include your passport, but not a drivers license or your INM ID.

Mexicans are always asked to show official identification. For Mexicans, those include but are not limited to a passport or a voter credencial (voter ID). A drivers license is not official ID for Mexicans.

People need to understand what the legal requirements are and stop bellyaching because someone asks for your official ID. If someone says, "Take my INM card, it's legal ID," that person is wrong and is basically asking the person behind the counter to break the law.

Link to comment
Share on other sites

If there is something I can't stand is when a (my) bank or any other business ask for my passport. Do they ask Mexicans for their passport? No. There are other means of ID besides a passport. I keep telling them that if I have an IMM card it is because I had a valid passport otherwise the Immigration would not have given me a card. Hein!!!!

No way, they look at me as if I'm telling them that their grandmother came over to dinner at my place last night.

It happened to me at an airline reservation counter. She asked for my passport and I said no. I don't need it as I won't be leaving the country. This is an internal flight. When she saw I wouldn't show my passport, that I would walk away, she asked for any other ID I had. :blink: When money talks.

But bank employees don't care where you go. It's not their business. And they have to obey the rules. If we want this to change, we have to complain to the head office. Even the manager cannot change things. They won't even try. They don't care.

They ask for my passport and I just give them my Jalisco driver's license. No problem. Don't get mad, get a Jalisco driver's license. It is easy.
Link to comment
Share on other sites

Where would you even use a check here in Mexico?

When paying your rent, buying a car or when a MX asks you to pay them with a check. We have done all 3 with a MX account and US account.

Link to comment
Share on other sites

If there is something I can't stand is when a (my) bank or any other business ask for my passport. Do they ask Mexicans for their passport? No. There are other means of ID besides a passport. I keep telling them that if I have an IMM card it is because I had a valid passport otherwise the Immigration would not have given me a card. Hein!!!!

No way, they look at me as if I'm telling them that their grandmother came over to dinner at my place last night.

It happened to me at an airline reservation counter. She asked for my passport and I said no. I don't need it as I won't be leaving the country. This is an internal flight. When she saw I wouldn't show my passport, that I would walk away, she asked for any other ID I had. :blink: When money talks.

But bank employees don't care where you go. It's not their business. And they have to obey the rules. If we want this to change, we have to complain to the head office. Even the manager cannot change things. They won't even try. They don't care.

I flight frequently from Mexicali to Guadalajara and recently, the last 2 times, give the people at the Volaris desk my RT INM visa in Guadalajara with no problems, however in Mexicali they will take either my passport card or INM visa, they don´t seem to care anymore as I think they all recognize me by now. The many years before they only took my passport card as photo ID and my FMM card. The INM officer at the airport always took my passport card with no problem when issuing another FMM. I do have my passport book with me. I guess it depends on what airline for national flights and what INM officer you are dealing with. The INM officer in departures doesn´t do anything except knod at me when I walk past his table and doesn´t ask me anything anymore since he presumes I have an INM visa now and don´t get FMMs anymore from him.

It couldn´t be easier. All the Mexican Federal Police and Army that check people´s luggage at arrivals let me walk right through but stop the majority of people and check their luggage even after we see the dog on the conveyor belt outside through the window. I quess being a retiree has a few benefits here.

Link to comment
Share on other sites

When paying your rent, buying a car or when a MX asks you to pay them with a check. We have done all 3 with a MX account and US account.

yes, but you make the check to "the name of the person or institution" not "al portador", the problem starts when the check is made out to "el portador" it is a no, no....

Link to comment
Share on other sites

yes, but you make the check to "the name of the person or institution" not "al portador", the problem starts when the check is made out to "el portador" it is a no, no....

If you want the check payable to the bearer, the phrase is "al portador"--to the bearer. It is not only not a no-no, it is extremely common. If the bearer does not have a checking account, making a check payable to his or her name means that the bearer cannot cash the check. If the bearer has a business account but wants to be able to personally cash the check, again--it has to be al portador. The bank on which the check is drawn is the only bank that can cash the check. It's the bank's responsibility to verify the signature against its records. If the signatures don't match, the bank should not cash the check.

Link to comment
Share on other sites

They ask for my passport and I just give them my Jalisco driver's license. No problem. Don't get mad, get a Jalisco driver's license. It is easy.

I have a Jalisco Drivers License- Technically as Liana noted below- Drivers License is not accepted as an OFFICIAL ID - I always offer it first when asked- sometimes it works- but not at a bank- since Visas are now plastic - clerks accept it along with my Debit card Still never carry my passport .- I'm guessing maybe 3-5% of all Mexicans have a passport

I have my own formula with checks- anything over 750.00 mxn I write a check to the persons name- Last year large moving company charge was 8,000.00 mx- driver wanted cash along with propinas for his 5 helpers- I said NO- will write a check- he said company does not accept checks - I told him--- then you will not get paid- He called the company manager ---mngr asked if I was a foreigner- driver said yes- Gringo- manger said - OK take the check -they're honest- Driver again wanted Al Portador- I refused- made it out to the companies official name and propinas in cash.

Link to comment
Share on other sites

All banks here I have been in have an index finger scanner at every window and that is what we use now at our 3 different banks for any transactions inside the bank, no ID asked for. I guess some smaller banks do not have them yet. Maybe not all branches as my wife does most things at banks, I don´t remember, but the branches were our accounts are located at have them.

Link to comment
Share on other sites

Please read theses posts carefully, it appears some posters have not verified this information at their bank

as I mentioned in my first post, due your own do diligence and talk to your bank manager.

before I posted this a had talked to three different bank managers, the original post is what they told me.

I was very much surprised of what told me and I no longer keep a checking account or a ATM card in Mexico.

I suggest happy feet and el saltos, before you post again, please talk with your bank manager

Link to comment
Share on other sites

There appears to be a rule that any bank must honor a check written out to the holder ( al portador) and the signature is 80% correct, bank will cash that check with no ID in Mexico

This is completely ridiculous. How can bank employees have such lack of common sense? They ask me for my passport when I want to withdraw from my own account. Once I had to leave without my money because I did not have proper ID with me.

So, according to their check honor policy, next time I will write a check to "al portador" and be able to withdraw my funds without my passport. :015:

Good to know.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.




×
×
  • Create New...