stop payment on overdue checks

[demoniclizard]

What is the name of your state? WA

I deposited a payroll check last that was dated mid september and had a void after 120 days typed on the check. The company that issued the check ordered a stop payment on this check (i didn't know this) and as a result, I drew on that check about 10 times and was fined about $400 in overdraft fees when the check didn't clear.

My question is, were they legally allowed to stop payment on the check (it is not yet a stale check, less than 6 months) for money that should have been payed (it was a payroll check), and can they be liable for any of the overdraft fees that resulted from their stop payment?

[ceara19]

Originally Posted by demoniclizard

What is the name of your state? WA

I deposited a payroll check last that was dated mid september and had a void after 120 days typed on the check. The company that issued the check ordered a stop payment on this check (i didn't know this) and as a result, I drew on that check about 10 times and was fined about $400 in overdraft fees when the check didn't clear.

My question is, were they legally allowed to stop payment on the check (it is not yet a stale check, less than 6 months) for money that should have been payed (it was a payroll check), and can they be liable for any of the overdraft fees that resulted from their stop payment?

Have you asked them WHY they stopped payment on the check? They may have a valid reason for doing so.

[demoniclizard]

I am assuming the reason is that the check was overdue (past the 120 days that the check was said to void after).

IF that was their reason, is it a valid reason or are they liable?

[ceara19]

Originally Posted by demoniclizard

I am assuming the reason is that the check was overdue (past the 120 days that the check was said to void after).

IF that was their reason, is it a valid reason or are they liable?

Since you waited to deposit the check until AFTER 120 days had past, the employer is not liable. As a matter of fat, they may not have even been the one to stop payment on the check. Their bank should not have accepted a check that was no longer valid. YOUR bank shouldn't have accepted it either. You can try to get the bank to reduce or eliminate the fees due to the fact that they should have never accepted the deposit in the first place.

[demoniclizard]

So I got the check back in the mail and the check was returned because of "stale date." Now im looking a book here with the UCC laws and according to this checks aren't considered "stale" until after 6 months. Why would a customer be able to change the laws just by printing a void date on his check? What if I were to write a check to someone and printed void after 12 hours, would that make the bank liable for cashing it after the void period?

I don't see anywhere in the UCC that allows someone to write in their own void date and have it legally enforcable.

[abaga]

Originally Posted by demoniclizard

So I got the check back in the mail and the check was returned because of "stale date." Now im looking a book here with the UCC laws and according to this checks aren't considered "stale" until after 6 months. Why would a customer be able to change the laws just by printing a void date on his check? What if I were to write a check to someone and printed void after 12 hours, would that make the bank liable for cashing it after the void period?

I don't see anywhere in the UCC that allows someone to write in their own void date and have it legally enforcable.

If the check was even one day past the 120 days, then it is stale dated. You deposited a check you knew was stale dated, so therefore, the bank has absolutely no responsibility here.

Why did you wait six months to deposit a check??????

[SimpleMind]

"I don't see anywhere in the UCC that allows someone to write in their own void date and have it legally enforcable."

I believe the writer of the check can write a stale check date whatever he or she pleases.
It is the writer's money until you decide to cash it. A bank customer can stop a check payment at anytime. Same thing that can happen here. Also some payroll departments may have the payroll computer program set up so that it automatically stop payment on the check after a certain amount of time.

[abaga]

Originally Posted by SimpleMind

"I don't see anywhere in the UCC that allows someone to write in their own void date and have it legally enforcable."

I believe the writer of the check can write a stale check date whatever he or she pleases.
It is the writer's money until you decide to cash it. A bank customer can stop a check payment at anytime. Same thing that can happen here. Also some payroll departments may have the payroll computer program set up so that it automatically stop payment on the check after a certain amount of time.

Many companies have "don't cash after xxx days" on their checks.

I just don't understand why the OP thinks anyone is responsible for fees when s/he deposited a check that was in fact stale dated....he took a chance on the outcome. S/he is responsible for fees and no one else.