Can Stopped Checks Still Be Cashed?

[LeMonte]

What is the name of your state (only U.S. law)? Kentucky

I hope this is in the right place, it kinda is a bunch of different topics at once. Apologies if it isn't.

Just today I got a letter from my old workplace saying that I had essentially cashed a check twice and needed to pay the balance. This and several other checks had been stolen. No police report was filed. I had called my work and told them the situation, which is a little complicated, and then they said they would cancel the checks. I believe they sent an email saying they cancelled it, but I'm not sure.

The check in question, as per the letter, had a stop put on it on 6/19/15, but was cashed 6/22/15. The letter also says the check was reissued, doesn't say when, and on 7/6/15 the reissued check was cashed. I don't see how I could have cashed it if it had a stop on it.

I called my old work's human resources and they said that banks have a period of time where checks may go through before the bank is aware of the stop. Is this true, and wouldn't 3 days be enough time? I also basically asked them to prove that I had double cashed the check, which they said they would call back. I have always cashed my checks at a local Kroger because none of my banks are close to me, so getting records of this may be impossible.

 

[Zigner]

What is the name of your state (only U.S. law)? Kentucky

I hope this is in the right place, it kinda is a bunch of different topics at once. Apologies if it isn't.

Just today I got a letter from my old workplace saying that I had essentially cashed a check twice and needed to pay the balance. This and several other checks had been stolen. No police report was filed. I had called my work and told them the situation, which is a little complicated, and then they said they would cancel the checks. I believe they sent an email saying they cancelled it, but I'm not sure.

The check in question, as per the letter, had a stop put on it on 6/19/15, but was cashed 6/22/15. The letter also says the check was reissued, doesn't say when, and on 7/6/15 the reissued check was cashed. I don't see how I could have cashed it if it had a stop on it.

I called my old work's human resources and they said that banks have a period of time where checks may go through before the bank is aware of the stop. Is this true, and wouldn't 3 days be enough time? I also basically asked them to prove that I had double cashed the check, which they said they would call back. I have always cashed my checks at a local Kroger because none of my banks are close to me, so getting records of this may be impossible.

A stop-payment in no way guarantees that a check won't be cashed. It's unfortunate for you that you failed to report the theft of the various items (including the check).

 

[Eekamouse]

What is the name of your state (only U.S. law)? Kentucky

I hope this is in the right place, it kinda is a bunch of different topics at once. Apologies if it isn't.

Just today I got a letter from my old workplace saying that I had essentially cashed a check twice and needed to pay the balance. This and several other checks had been stolen. No police report was filed. I had called my work and told them the situation, which is a little complicated, and then they said they would cancel the checks. I believe they sent an email saying they cancelled it, but I'm not sure.

The check in question, as per the letter, had a stop put on it on 6/19/15, but was cashed 6/22/15. The letter also says the check was reissued, doesn't say when, and on 7/6/15 the reissued check was cashed. I don't see how I could have cashed it if it had a stop on it.

I called my old work's human resources and they said that banks have a period of time where checks may go through before the bank is aware of the stop. Is this true, and wouldn't 3 days be enough time? I also basically asked them to prove that I had double cashed the check, which they said they would call back. I have always cashed my checks at a local Kroger because none of my banks are close to me, so getting records of this may be impossible.

Wait. Wouldn't YOU know if you'd cashed one check too many? If whoever stole it cashed it, they would have had to show ID and since they aren't you, they could not very well do that, could they?

 

[LeMonte]

As I said, I'm 99% sure it was me who cashed it, but I just wanted to be safe because the checks were stolen. I didn't know if there was a way to cash checks without showing ID or anything like that, I'm no expert on check fraud. So that's why I asked. I was mainly just trying to see if it was possible to cash a stopped check, which it seems it is. On that note, if it is possible to cash a stopped check then what is the point of being able to stop it if it doesn't actually prevent the check from being cashed?

I like to think this whole thing was a mess up on the part of my old work, when I called them to stop the checks. There were several checks in a period of time that were supposed to be stopped but also one in that same time frae that was not supposed to be stopped, but I suspect was. The people I called were the brightest. Regardless, it's still my fault, I just wanted to cover all my bases.

 

[LeMonte]

Also, would it matter that I called my work and had them stop the check? It wasn't a bank I called, but the place that issued the check itself? I figure not, but I might as well ask.

 

[single317dad]

What should happen if a Stop Payment order is placed on a check:

Under the old system, the place where the check is cashed would go ahead and cash it, the issuing bank would refuse the check, and whoever cashed the check would have to take action against the person who cashed the check, who could then pursue the writer of the check. So, if Bob, who banks at Chase, wrote Mary a check, put a Stop order on it, Mary cashed the check at Citibank, then Chase would send the check back to Citibank unpaid, Citibank would take the money from Mary, and Mary would sue Bob (or call the police, as appropriate).

Under the new ACH system, the routing and account information is transmitted directly to the writer's bank, sufficient funds are confirmed, and the check is cashed. Many times the paper check is handed back to the customer, because it is now worthless at any ACH-enabled location. The funds are transmitted electronically, similar to a debit card transaction. If a Stop order is put on a certain check number, that check will be declined at the ACH terminal (therefore we skip all the other steps and Mary goes right after Bob).

There are weaknesses in both systems, primarily of the human variety.

 

[Zigner]

Are you saying that you knowingly cashed a check after reporting that it was missing/stolen? In other words, you defrauded them?