Stale Dated Checks

[tiggerlu]

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

I need help with a stale dated check issue. I wrote a check to someone on 12/18/07. I called the bank (State Employees Credit Union) in July to see if the check would still be honored if that person took it to the bank. I was told that it would not because it was stale dated after 6 months. I did not put a stop payment on the check because I was told that I didn't need to because the check would not be honored. On 10/3/08 this person took that check to a bank (Royal Credit Union in Wisconsin) and cashed it. It hit my account on 10/3/08. This check was 10 months old and it was still cashed. My SECU said that I would need to contact Royal CU because they are the ones who decided to accept the stale dated check. I called Royal CU and they said that there was nothing they could do because the check didn't say on it that it was no good after 180 days and I didn't put a stop payment on the check.

Is there anything that I can do to get this money back? It's not a small amount of money. Who is liable for the check going through?

PLEASE HELP!!!

 

[racer72]

If the check was legitimate 10 months ago, why don't you want it to be legitimate now? Just because someone doesn't cash a check doesn't mean you don't owe a debt anymore. Please explain why you want your money back. Just because the check was stale dated is not an excuse.

 

[tiggerlu]

The check was written to my husband's ex. During the 10 months she was asked several times to cash the check so that it was out of our account. She never responded to our request. She then started asking for more money and said that she still had the check and she would cash it. We were told by the bank that it wouldn't be honored so we didn't worry about it any longer. We told her that because she didn't cash it in a timely fashion that the money was no longer hers. Needless to say, she cashed the check and now we're out $2500.

I just want to know if there is anything I can do to get the money back from the bank because they cashed a stale dated check after I was told that they wouldn't.

 

[Antigone*]

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

I need help with a stale dated check issue. I wrote a check to someone on 12/18/07. I called the bank (State Employees Credit Union) in July to see if the check would still be honored if that person took it to the bank. I was told that it would not because it was stale dated after 6 months. I did not put a stop payment on the check because I was told that I didn't need to because the check would not be honored. On 10/3/08 this person took that check to a bank (Royal Credit Union in Wisconsin) and cashed it. It hit my account on 10/3/08. This check was 10 months old and it was still cashed. My SECU said that I would need to contact Royal CU because they are the ones who decided to accept the stale dated check. I called Royal CU and they said that there was nothing they could do because the check didn't say on it that it was no good after 180 days and I didn't put a stop payment on the check.

Is there anything that I can do to get this money back? It's not a small amount of money. Who is liable for the check going through?

PLEASE HELP!!!

§ 4-404. BANK NOT OBLIGED TO PAY CHECK MORE THAN SIX MONTHS OLD.

A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.

The second portion of this code deals with your situation. When Royal Credit Union paid the item and there was no stop payment on the item, it was paid in good faith.

You should have placed the stop payment order.

Now when your credit union informed you that they would not cash the check, they were being truthful. A teller would have seen the date and refused to cash it. It is completely different when an item is processed through a deposit - dates are not looked at.

 

[racer72]

We told her that because she didn't cash it in a timely fashion that the money was no longer hers.

I suggest you find who told you this and give that person a quick whack to the back of the head. Failure to cash a check within a specified time does not relieve you of your responsiblity to pay a legitimate debt. Depending on the reason for paying the money, the minimum statute of limitations is 3 years in your state and if it was for child support or alimony, there is no SOL.

I just want to know if there is anything I can do to get the money back from the bank because they cashed a stale dated check after I was told that they wouldn't.

The bank the cashed the check is not the bank the told you this. When the check was handed over to the ex, the money was no longer yours. It still isn't. You have no legal claim of any kind from anyone for return of the money.

 

[tiggerlu]

You will not believe what just happened. I just got a call from my bank and they said that they changed their mind and decided to pull the check and mark it "stale dated" and send it back and that my money would be refunded. That is WONDERFUL news and I couldn't be happier. I just learned a valuable lessen though. Don't trust what people tell you even if it is your bank.

I cannot believe that this just happened. I was starting to come to grips with the fact that I had just lost $2500 and then the phone rang.

 

[tiggerlu]

I suggest you find who told you this and give that person a quick whack to the back of the head. Failure to cash a check within a specified time does not relieve you of your responsiblity to pay a legitimate debt. Depending on the reason for paying the money, the minimum statute of limitations is 3 years in your state and if it was for child support or alimony, there is no SOL. .

The check was not for child support or alimony. It was basically blackmail. She said that she would take him to court and get everything he was worth if he didn't agree to raise the child support and also give her a check in the amount of $2500. He did increase the child support to the amount she requested. He had paid his CS every week for the past 18 years, never been late and always increased it when she asked. The $2500 check did not go through the court system.

The bank the cashed the check is not the bank the told you this. When the check was handed over to the ex, the money was no longer yours. It still isn't. You have no legal claim of any kind from anyone for return of the money.

I'm sorry that you feel that way. I may have no legal claim to the money but my bank just gave it back to me anyway. Thank God for the NC SECU!!!!!

 

[racer72]

Don't get too excited yet. Now the bank that originally accepted the check is going to come after you, not the person that cashed it, for payment. Don't spend it yet.

 

[Antigone*]

Don't get too excited yet. Now the bank that originally accepted the check is going to come after you, not the person that cashed it, for payment. Don't spend it yet.

You are fortunate that your bank was willing to iniate a late return. Now it is up to the payee's bank to accept the late return. You will have to see how this pans out.

If the bank accepts the late return, that means that they've been able to recover the funds from the payee.

 

[tiggerlu]

Don't get too excited yet. Now the bank that originally accepted the check is going to come after you, not the person that cashed it, for payment. Don't spend it yet.

I'm just excited that I was able to convince my bank that they needed to return the check. I will cross the bridge with the other bank when and if I need to. This was just a small victory for me. I know it's not over yet.

 

[tiggerlu]

You are fortunate that your bank was willing to iniate a late return. Now it is up to the payee's bank to accept the late return. You will have to see how this pans out.

If the bank accepts the late return, that means that they've been able to recover the funds from the payee.

Here's the problem. I don't know if she banks with that bank or if she just took it there to cash it. If she banks with them then I'm pretty sure that she will be responsible for returning the money to them. If she just took the check to that bank to cash it then I'm not sure what that bank will do. I guess I will just have to wait and see what happens.

 

[Antigone*]

Here's the problem. I don't know if she banks with that bank or if she just took it there to cash it. If she banks with them then I'm pretty sure that she will be responsible for returning the money to them. If she just took the check to that bank to cash it then I'm not sure what that bank will do. I guess I will just have to wait and see what happens.

Banks don't nomally cash checks for non-customers. The reason your bank will cash a check for you is because they have recourse.

If this bank did cash the check for her and she is not a bank customer, there will be problems with the late return.

wish you well, ana