Stale Check

[daughtersrus]

A friend of mine recently came across a check that was written to her in Feb 2009. When she took it to the bank, they refused to cash it since it was over 6 months old. She's been trying to contact the person that gave her the check without any success. Is that person required to reissue the check or is my friend just out the money since it was her fault that she didn't cash/deposit it in time?

 

[wvjules]

Did she go to her bank or the check writers bank?

I had a check from my employer that was over a year old. I took it ot the bank, used a deposit slip, and that was it. If she doesn't show or mention the date then they most likely won't notice.

If she can't get it cashed, then I'd say she's out the money. She was paid and it is not the payers fault that it wasn't cashed.

 

[LindaR]

I would advise against depositing the check! At any time, someone can catch the "date thing" and then that check will bounce!

Contact the original issuer and take it from there.

 

[Jennasis]

I had a p/t employee cash a pay check in 2008 and the check was issued in 2005. The bank sent it through.

 

[Disney Ron]

Deposits are mass processed at large banks. If you can get it by a good teller doing their job then it just might clear. If she wants to take the chance it is not returned by the maker's bank, then I would deposit it at an ATM. Depends how much the check is for if a return check fee is worth paying if it rejects. There is also that chance that the maker has placed a stop payment on it by because they thought it was lost and were tired of carrying the check forward in their checkbook.

The maker does not have to reissue and chances are they won't.

Good luck
Mrs. Disney Ron

 

[GoofyforDisney3]

Checks are only good legally for 6 months. However, if a business wrote this check to you for payment of goods or services and it is never cashed, most states require that business to report the money as unclaimed funds. Trust that a reputable business is going to reissue a check before allowing this to happen.

If it was a personal check, they really don't have to reissue, but I would think most people would. But, again if it is for money really owed to you and you can show proof of that, you could probably go to small claims court (if it was a large enough amount to worry about).

 

[Cheshire Figment]

Most organizations I know of keep a permanent record of checks which have not been negotiated. I have seen people come to one location where I worked with a payroll check that was over 30 years old. They looked in the records, found it had never been cashed or replaced, and issued a new check, posting to the old records that this mising check had now been replaced.

Under the Uniform Commercial Code a bank does not have to process any check over six months old, but also there is the legal position that if it was not cashed the issuer still owes you the money and should replace it.

Mike (CPA Retired)

 

[karibritt01]

I second the opinion of the PP that said stick it in your ATM. Most checks that go through there are processed without much attention to detail. For even better chances... stick it in on a Sat so they have 3 days worth of deposits to go through. I think if you get it through your bank, then chances are it will continue through without notice.