in varying amounts and free merchandise。 Now I've written to you several times before about an exciting new money making opportunity。 The one that said； 95；093。35 in just three weeks。 The same one that was featured on TV！ And frankly I'm surprised I haven't heard from you yet。 Patrick； I know what you must be thinking； 〃Is this for real？〃 Let me assure you； it is very real。〃
That's all I needed to know to take this check and deposit it into my ATM。
Now； I didn't believe it was a real check； but it was fun； like putting Monopoly money into the bank。 And I knew my bank would never cash the check； especially since I didn't even sign on the back。 I walked home picturing a bank teller opening my deposit envelope and chuckling at the sight of the ridiculously large； and obviously bogus check。 I fully expected that on Monday morning someone from my bank would call and say； 〃Mr。 Combs； the check you deposited on Friday wasn't real。〃
On Monday when they didn't call； I figured they were mailing the check back to me and I forgot about the whole thing。
Then two days later； while I was withdrawing 40； my ATM produced a receipt that told me my balance was over one hundred thousand dollars。 Suddenly I remembered the 95；093。35 deposit。
My heart lept out of my chest。 I ran all the way home （the most exercise I'd gotten in months！）。 As soon as I got in； I called a friend and told her what had happened。 She made a quick phone call to his own bank and called me back。 〃It's standard policy to credit your account for any amount you deposit； but it's only a credit。 You can't touch the money unless the check clears。〃
Of course。 It was just a matter of days before the bank would erase the credit and return my account to a mere 5；000。 I figured it would be the week of my life when I had a one hundred thousand dollar bank balance。 And I took full advantage of it by printing out lots of bank balance statements； and sharing them with my friends。 i。e； 〃Need my phone number？ I'll just write it here on the back of my ATM receipt。〃 Without fail； it would always prompt a great conversation。
It was also very entertaining to call my twenty four hour banking line； and listen to my bank balance。 I did twice； three times； four times a day。 To my surprise； it remained at over a hundred grand； all week long。 I was thinking； that check should have been bounced by now。
Friday morning； I went to my bank； a branch of First Interstate； approached a teller； and posed this question： 〃If I need a cashier's check for 70；000 later this afternoon； do I have the funds available？〃
The teller typed my account number into her computer。 〃Yes；〃 she said； 〃the money is available。〃 I said； 〃Are you sure there is not a warning sign； a flashing light； an asterisk or something？〃 She assured me there wasn't。
I got out of the bank fast。 I felt supercharged with possibility and shock。
From that moment until the next Wednesday； when I boarded a plane for a four…day career…counseling conference in Orlando （I make my living as an author and speaker addressing career success）； 95；093。35 was available for withdrawal from my account。 My close friends and I contemplated； for fun； all the possibilities a hundred grand afforded。 〃To leave the country or not to leave： that is the question。〃
I knew that the money was going to be taken out of my account； and each day I figured it would happen tomorrow。 I boarded my flight to Orlando confidentand glad； reallythat in all likelihood the money would be gone upon my return。 It had already possessed my thoughts for a week。
On Monday； the day after my return； I called for my account balance。 Five thousand and something dollars was what I expected to hear。 What I did hear was over 100；000。
What was happening？ Two weeks and that money 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。 goodthink
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？