was still sitting in my account.

"it will be gone tomorrow," i kept telling myself for the next five days. then on friday, exactly three weeks since i had deposited the sample check, i again returned to the bank. i approached a bank teller at the special customer service window, and i sternly stated, "i recently deposited $95,000 and i don't want to spend any of the money if there is the possibility of the check being returned. how long should i wait?"

the teller keyed in my account number. then she said, "$95,093.35 was deposited on may 21. you're safe to spend that money now because that check can no longer be returned. depositors are protected by a law that says checks cannot be returned after ten business days."

i couldn't believe my ears. i couldn't believe my luck. i couldn't believe what was happening.

on my way out of the bank, i grabbed every brochure and pamphlet that vaguely implied it might contain the law she had just referenced, and i went home and read voraciously.

my reading didn't reveal the law i was looking for. quickly, i learned that bank brochures don't tell you your rights; they tell you all the bank's rights. and banks have a lot of rights. at the end of one of the brochures, however, i found a reference that said, "for more information, contact the office of thrift supervision (o.t.s)."

i called the o.t.s. and a man answered the phone. i gave my first name only and gave him a quick synopsis. he treated my story with a cool intrigue. he told me that the ten-day law the teller had mentioned was known as the "midnight deadline." but he suggested that the more important legal question had to do with "negotiability." he wondered if the check i deposited was a true negotiable instrument. he said, "the banking law book, brady's, has specific criteria that a check has to match in order to qualify as a legal negotiable instrument. i'm not sure what they are, but if the check you deposited was actually a negotiable instrument, that would explain why your bank passed it."

within three hours i was on my way to the hastings law library and to the book brady on bank checks: the law of bank checks by henry bailey and richard hagedorn.

soon i knew why law students always looked so beat and tired. i didn't know how i was going to find anything in the monstrous tome in front of me.

then my eyes caught sight of a small, pocket-sized book titled negotiable instruments and check collection, a guide for laymen. and plain as day, it listed the nine criteria for a negotiable instrument. read for yourself what i read, and i believe you'll yell out loud just as i did when i came to the very last word:

"1. must be in writing.

2. signed by maker or drawer.

3. promise or order....a check usually meets the requirement because the drawee's name is printed and encoded on the face of the instrument.

4. unconditional....

5. order to pay money.

6. must be a fixed amount.

7. payable on demand or at a definite time....

8. payable to order or to bearer....

9. no other undertaking or instruction. the final requirement of negotiability is that beyond the maker's order...the instrument must not contain 'any other undertaking or instruction'....the opposite issue is whether or not the parties can use a form that is a negotiable instrument and avoid negotiability by declaring, on the instrument, that it is not negotiable. the answer is yes, except for a check."

this was one book i wanted to steal from the library (but didn't). the get-rich-quick company had accidentally designed a real check, and i had deposited it!

end of part i

part ii: getting a cashier's check

patrick combs is available as keynote speaker for your next event. let him inspire your audience with the story and discussion of his $95,000 adventure. he is also the author of major in success: make college easier, beat the system & get a very cool job (ten speed press). all contents on this page ? 1995, by patrick combs. all rights reserved. http://www.goodthink.com

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$95,093.35 adventure, part ii getting a cashier's check

i didn't touch the money for a month. then, i called my brother and asked him what to do. we both agreed that, law or no law, someone would be coming for the money, and they'd probably be wearing black suits and packing heat. then, my brother suggested that i get the entire amount in cash and put it in a safe-deposit box at my bank.

"why?" i asked.

"picture walking into the vault, going behind the curtain, and opening a box filled with $95,000 cash. it'll be fun to look at. how many times in your life are you going to have $95,000 cash in a safe-deposit box?"

i liked the idea. it seemed as though it couldn't hurt, since the money would never leave my bank.

i asked a teller if the bank could get me a hundred thousand dollars in cash if i needed it. the teller broke