voided check

[turtlefriend]

What is the name of your state? MD

I have a check that was issued over 90 days ago. The check should now be void since the person to whom the check was written did not cash it. But as of today (110 days after the check was written), I still do not have the check amount returned to my account. What should I do? What is the proper legal process?

Thanks for your help!What is the name of your state?

[Shay-Pari'e]

Confused. If the check was not cashed, why do you need funds returned to your account?

[seniorjudge]

Originally Posted by turtlefriend

What is the name of your state? MD

I have a check that was issued over 90 days ago. The check should now be void since the person to whom the check was written did not cash it. But as of today (110 days after the check was written), I still do not have the check amount returned to my account. What should I do? What is the proper legal process?

Thanks for your help!What is the name of your state?

...I have a check that was issued over 90 days ago. The check should now be void since the person to whom the check was written did not cash it.....


And who told you this?

[justalayman]

Originally Posted by turtlefriend

What is the name of your state? MD

I have a check that was issued over 90 days ago. The check should now be void since the person to whom the check was written did not cash it. But as of today (110 days after the check was written), I still do not have the check amount returned to my account. What should I do? What is the proper legal process?

Thanks for your help!What is the name of your state?

My bank will cash checks up to 6 months after issuance. Unless your check stated there is a 90 day time limit on the check, there is no issue yet.

Don't quite understand the : "I still do not have the check amount returned to my account" part. The only party to add it back into your account would be you but as you should see this is not wise at this point.

Why is this such a big issue, if the recieving party does not cash the check, it doesn't negate the fact you issued it to pay for a debt and the debt is not fulfilled until the check is cashed. Are you positive the other party even recieved the check?

[Veronica1228]

Originally Posted by justalayman

My bank will cash checks up to 6 months after issuance. Unless your check stated there is a 90 day time limit on the check, there is no issue yet.

Don't quite understand the : "I still do not have the check amount returned to my account" part. The only party to add it back into your account would be you but as you should see this is not wise at this point.

Why is this such a big issue, if the recieving party does not cash the check, it doesn't negate the fact you issued it to pay for a debt and the debt is not fulfilled until the check is cashed. Are you positive the other party even recieved the check?

Like everyone else I'm a little confused as to what your scenario really is, but basically justalayman is correct. A check is "stale dated" after six months. HOWEVER (just in case this is a check that you issued to someone else), your bank probably has a section in their disclosures that states that even if a check is stale dated they still have the option of paying or not paying. Therfore, your bank could decide to pay the check unless you have a stop payment placed on the it.

Please explain your issue a little bit more. It really doesn't make much sense the way you wrote it.

[turtlefriend]

Thanks for the replies. I will try to explain more explicitly. The check issued was a CASHIER'S check and was for a relative living in a foreign country. She decided not to accept the money and destroyed the cashier's check. Since our bank refused to processed the stop order without the original check, we decided to wait 90 days, after which the check is voided (as stated on the check). More than 3 weeks after the 90 days have passed and still the money is not back in my account. Is this more clear? Cashier's check expired; check should be void; money should now be back in account. Please help again. Many thanks!

[Veronica1228]

Originally Posted by turtlefriend

Thanks for the replies. I will try to explain more explicitly. The check issued was a CASHIER'S check and was for a relative living in a foreign country. She decided not to accept the money and destroyed the cashier's check. Since our bank refused to processed the stop order without the original check, we decided to wait 90 days, after which the check is voided (as stated on the check). More than 3 weeks after the 90 days have passed and still the money is not back in my account. Is this more clear? Cashier's check expired; check should be void; money should now be back in account. Please help again. Many thanks!

Okay, now that you told us it's a Cashier's check it makes much more sense.

You have to notify the issuing bank that you need the money back. They cannot just automatically put it back in your account. If you do nothing, then after a few years (depending on the laws in your state) those funds would be escheated to the Unclaimed Property division of your State Treasurer's office.

Good luck doing all of that without the original check. What kind of bone head destroys a cashier's check???