B-128576, JUL. 24, 1956

B-128576: Jul 24, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

H. RATLIFF: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 16. THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED APRIL 6. OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. THE RECORDS OF OUR OFFICE SHOW THAT THE CHECK REFERRED TO WAS NEGOTIATED AND PAID AND SUBSEQUENTLY DESTROYED PURSUANT TO LAW. WE ARE UNABLE. WHICH APPLICATION WAS NOTARIZED BY ZENDA STANFIELD. WAS FIRST RECEIVED IN OUR OFFICE ON FEBRUARY 2. THAT IS THE EARLIEST DATE ANY CORRESPONDENCE RELATIVE TO YOUR CLAIM WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE. WHICH OUR RECORDS SHOW WAS INDORSED AND PAID. WE REGRET THAT YOUR CLAIM FOR THE PROCEEDS THEREOF IS BARRED FROM CONSIDERATION BY OUR OFFICE UNDER THE TERMS OF THE ABOVE-QUOTED STATUTE REGARDLESS OF WHETHER THE INSTRUMENT WAS FORGEDOR BORE YOUR GENUINE INDORSEMENT.

B-128576, JUL. 24, 1956

TO MRS. MILDRED E. H. RATLIFF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 16, 1956, RELATIVE TO YOUR CLAIM FOR THE PROCEEDS OF TREASURY (CIVIL SERVICE RETIREMENT) CHECK NO. 5,114,974, FOR $792.87, DRAWN TO YOUR ORDER UNDER THE NAME OF EDNA MILDRED HEAD ON DECEMBER 20, 1940, BY G. F. ALLEN, SYMBOL 89,923.

THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED APRIL 6, 1956, PURSUANT TO SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, WHICH PROVIDES THAT---

"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'

THE RECORDS OF OUR OFFICE SHOW THAT THE CHECK REFERRED TO WAS NEGOTIATED AND PAID AND SUBSEQUENTLY DESTROYED PURSUANT TO LAW. WE ARE UNABLE, THEREFORE, TO SEND YOU A PHOTOSTATIC COPY OF THE CHECK TO ENABLE YOU TO EXAMINE THE INDORSEMENTS THEREON. THE RETIREMENT DIVISION, CIVIL SERVICE COMMISSION, HOWEVER, HAS INFORMALLY NOTIFIED US THAT ONE EDNA MILDRED HEAD, 1719 PIKE AVENUE, NORTH LITTLE ROCK, ARKANSAS, DID IN FACT APPLY TO THE COMMISSION FOR THE PAYMENT IN QUESTION, ON SEPTEMBER 30, 1940, WHICH APPLICATION WAS NOTARIZED BY ZENDA STANFIELD, PULASKI, ARKANSAS.

YOUR CLAIM OF JANUARY 29, 1956, ADDRESSED TO THE CHIEF, RETIREMENT DIVISION, CIVIL SERVICE COMMISSION, WAS FIRST RECEIVED IN OUR OFFICE ON FEBRUARY 2, 1956. THAT IS THE EARLIEST DATE ANY CORRESPONDENCE RELATIVE TO YOUR CLAIM WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE. SINCE BY FEBRUARY 2, 1956, MORE THAN SIX YEARS HAD EXPIRED FROM THE DATE OF THE ISSUANCE OF THE CHECK, WHICH OUR RECORDS SHOW WAS INDORSED AND PAID, WE REGRET THAT YOUR CLAIM FOR THE PROCEEDS THEREOF IS BARRED FROM CONSIDERATION BY OUR OFFICE UNDER THE TERMS OF THE ABOVE-QUOTED STATUTE REGARDLESS OF WHETHER THE INSTRUMENT WAS FORGEDOR BORE YOUR GENUINE INDORSEMENT.

SINCE IT APPEARS THAT YOU DID APPLY FOR THE PAYMENT IN QUESTION IT IS PERTINENT TO POINT OUT THAT IF YOU DID NOT RECEIVE THE CHECK, YOUR FAILURE TO TIMELY FOLLOW THROUGH ON YOUR CLAIM NOW HAS PLACED THE GOVERNMENT IN A POSITION IN WHICH IT CANNOT IN ANY EVENT HAVE RECOURSE AGAINST THE INDORSERS OF THE CHECK. SEE 31 U.S.C. 129, PROHIBITING ANY ATTEMPT BY THE UNITED STATES TO ENFORCE THE LIABILITY OF AN INDORSER ON A GOVERNMENT CHECK, UNLESS ACTION TO ENFORCE THE SAME OR NOTICE OF LIABILITY IF GIVEN THE INDORSER WITHIN SIX YEARS OF PRESENTATION OF THE CHECK TO THE TREASURY OF THE UNITED STATES FOR PAYMENT.

IN THE LIGHT OF THE FOREGOING, THE DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED AND THERE APPEARS NO FURTHER ACTION WHICH PROPERLY MAY BE TAKEN BY OUR OFFICE IN THE MATTER.