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  1. #1
    THE20CAR1 is offline Junior Member
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    Lost payroll check

    What is the name of your state (SC)? I have recently found an old payroll check that is 3 years old. I went to my employer and she said that the account is closed. She said she would look into it and get back with me. Is there any legal action that I can take if they dont ?
  2. #2
    mlane58 is offline Senior Member
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    Quote Originally Posted by THE20CAR1 View Post
    What is the name of your state (SC)? I have recently found an old payroll check that is 3 years old. I went to my employer and she said that the account is closed. She said she would look into it and get back with me. Is there any legal action that I can take if they dont ?
    Legal action? come on! you wait 3 years to cash a payroll check and expect the employer to be responsible when you weren't.
  3. #3
    THE20CAR1 is offline Junior Member
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    This isnt myspace or facebook. Dont appreciate the sarcasm at all. I thought this was a site for legal advice. Im hoping that the employer honors my payroll check. Was just wondering if there is legal action that could be taken
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by THE20CAR1 View Post
    This isnt myspace or facebook. Dont appreciate the sarcasm at all. I thought this was a site for legal advice. Im hoping that the employer honors my payroll check. Was just wondering if there is legal action that could be taken
    Oh, NOW I understand your question.

    I am not clear as to how you can expect the employer to be responsible for your lack of responsibility.
    (How's THAT for legal advice?)
  5. #5
    seniorjudge is offline Senior Member
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    Legal action? come on! you wait 3 years to cash a payroll check and expect the employer to be responsible when you weren't.
    There are two rules for success:

    (1) Never tell everything you know.
  6. #6
    cbg
    cbg is offline Senior Member
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    You can certainly contact the state DOL if they do not replace the check.

    However, after three years it may not be up to the employer any more. When a payroll check goes uncashed for x number of years, and x varies with the state, the money backing the check eventually is claimed by the state. Every so often the state will publish lists of "unclaimed funds" that they are holding. After three years, it is not impossible that the state now has control of those funds and you will have to apply to the state for reimbursement.
  7. #7
    ariastar is offline Member
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    Oh god, I'd love to make the kind of money to where I can forget to cash a check and not notice a difference in my living.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by ariastar View Post
    Oh god, I'd love to make the kind of money to where I can forget to cash a check and not notice a difference in my living.
    It could have been a check for 1.5 hours of work (ie: final paycheck)
  9. #9
    j991 is offline Member
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    Hopefully for you the company will honor the paycheck, but they have no legal responsablity to do so. Most checks are void after 90 or 180 days and will be printed on the front or back of the check stating that it is void after that time frame. If you failed to cash the check then the company is not responsible for reimbursing you for the oversight. You could try to sue in small claims for the money, but you have a huge burden to overcome in showing that you weren't negligent in failing to cash the check. Good luck.
  10. #10
    cbg
    cbg is offline Senior Member
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    Actually, I believe that's wrong. Just because the check is void does not mean the company has no legal obligation to replace it. However, see my first post above; there comes a time when the money reverts to the state.
  11. #11
    You Are Guilty is offline Senior Member
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    Banks are not required to honor checks after 180 days (although the time can be as little as 60 days), even if nothing is written on the face of the check about a deadline.

    Conversely, there's nothing preventing them from cashing a stale check whenever they want to. Its frequently done for good/regular customers, although with today's economy, that may be a-changin'.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  12. #12
    ecmst12 is offline Senior Member
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    Regardless of whether the bank cashes the check, OP is still owed the money, since he performed the work. I don't believe there is a statute of limitations for unclaimed wages, at no point does the company ever get that money BACK (as CBG stated). So OP should follow CBG's advice.
  13. #13
    pattytx is offline Senior Member
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    Let's get right down to the legality of this issue.

    A 3-year-old check is "abandoned funds" and should have been escheated to the state after one year. Plus, the employer was required to try to contact you no later than 120 days before they forwarded any abandoned wages to the state. If the amount of the check is over $50, the company would have been required to provide your name, address, and amount of the check when they forwarded the funds and the supporting reports. If it was less than $50, the employer has to keep the detailed records for 10 years, although individual reporting to the state for all checks under $50 is not required.

    You can search for your name here:
    [url=http://treasurer.sc.gov/palm_payb_prog_uncla_prop/search_unclaim_property.htm]Search For Unclaimed Property[/url]
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.

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