While the UCC may apply for the issues between the banks related to the cashing of the check, I agree with Zinger the check is counterfeit. I don't think the UCC applies for the holder as there is not a promise to pay and the purported check is not a negotiable instrument.
I checked to be sure, and at:
is an article which agrees the UCC does not apply to protect the transaction. However, in some states (the referenced case is from Montana), "that despite the UCC, a bank could bear some liability for negligently misrepresenting the status of funds to their customers."
Now, it seems to me that if it took so long to notify the OP of the problem with the check, there is at least a possibility there was negligence on the part of the bank. That does not mean the entire amount is the OP's, only that the *damages* from the putative negligence could be compensated for.
Last edited by tranquility; 10-07-2009 at 06:24 PM.
When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
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