Stale Bank Issued Check - Collectable?

[THING_2]

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

Hello!

I have a stale dated, bank issued check (credit card account credit refund, not cashier's), "void after 120 days," I found it and tried to deposit it, 14 months late. I travel, sometimes more than three out of every six months and it slipped through the cracks. My mistake, yes, and consequences, understandably, only I thought having to deal with them for the next 14 months getting them to pay up would be my punishment.

My final conversation with the bank seemed rather one sided, and heated, and rude, in that they had offered me payment, but by failing to deposit the check in a timely fashion, I lost access to the money as if it had disappeared from the books.

If the bank owed me money at one time, and still has the records to show they owed me the money but never paid, am I forced to take them to small claims to refresh the check? Seems kind of Draconian and contrary to contract law that the funds should be dismissed when other bank issued checks (cashier's, certified) have a three year limit.

Thanks You!What is the name of your state (only U.S. law)?

[justalayman]

I find it odd that simply upon presentation of the stale check they would not simply take that check and issue a new check. The fact is the money is yours. The problem is if they do not want to issue a replacement check, something such as small claims would be the simplest way to have a court intervene.

[THING_2]

Maybe this will help someone else as well, after three years any money held and not retrieved is passed on to the state controller's office. They have a pretty simple system online and by phone to retrieve anything in their system by name or ssn. I'd have to wait another year for this option.

Surprised no one has any actual experience with this...

When I find out more, I'll post anything pertinent. Last resort, court.

[20pilot]

Originally Posted by THING_2

Surprised no one has any actual experience with this...

My experience is exactly the opposite. Over the last 2 decades, I have had that exact situation with Citibank, Chase and Wells Fargo. In each case, they were happy to issue a new check. In once case, they sent me a statement that I had to sign and notarize stating that I was the owner of former account #xxxx and that I had not deposited a refund check.

But things a quite different today than even a year ago. if the account is one that was acquired by one bank then acquired by another which was acquired by the current owner, the systems may not be in place for them to figure all of that out from a previous owner bank. Waiting till the money is sent to the state may be the best option.

[THING_2]

Another thanks for another response... And, once again, based on your experience, I'm stumped why when they owe the amount, with a very long and accounted for trail, they'd push away a good customer. The credit card account that had closed was an MBNA, and had long since passed into BofA's clutches... business entity. So, back to square one...