Bank error check not clearing

[thedoctorisin]

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

Person A writes an alimony check to ex B, who is uncooperative and unreliable. The check never clears person A's bank account, yet ex B claims to have deposited the check. Person A's bank doesn't know anything about the check, and ex B's bank won't talk to person A about the matter due to privacy concerns.

What should person A do? How long before person A can move the money to a separate savings account to keep until it is actually claimed?

 

[cyjeff]

Never.

You keep that money in your checking account forever. If you don't, eventually the person you wrote the check to will cash it and then you will not only have a rash of bounced check charges but also a contempt filing.

 

[thedoctorisin]

In two years person A will be relocating across the country. What happens if person A closes the checking account at that point to avoid paying monthly banking fees forever?

As long as person A acts like a reasonable person, I don't think contempt charges will stick. Especially given that ex B claims to have deposited the check 4 months ago. So what is a reasonable length of time? Six months? One year? Two years?

 

[TinkerBelleLuvr]

It's called, document, document, document.

Send a snail mail and certified letter to receiver of money and explain your concern. If they feel that they deposited the money (relate your conversation), then I would find out how old a check the bank will accept. Most times, they reject checks after they are a year old - find out their policy.

Before closing the account, send the letter again. At that point, you have done your best.

To be found in contempt, you have to willfully gone against a court order. You mailed the money and that person says they cashed it.

 

[cyjeff]

In two years person A will be relocating across the country. What happens if person A closes the checking account at that point to avoid paying monthly banking fees forever?

As long as person A acts like a reasonable person, I don't think contempt charges will stick. Especially given that ex B claims to have deposited the check 4 months ago. So what is a reasonable length of time? Six months? One year? Two years?

Call your bank.

Cancel the check.

Bring the person cash.

 

[thedoctorisin]

Call your bank.

Cancel the check.

The bank charges $35 to place a stop payment on the check, and the fine print in the stop payment form says that the bank is not liable in any way if for any reason they somehow cash the check anyway.

Bring the person cash.

Ex B is uncooperative to the extreme, and will not sign anything, including a receipt for the cash. This would seem to rule out paying cash as an option. Additionally, if this is indeed a bank error, this means that they will come after ex B when the error is discovered, who won't have saved the money to pay back, and who will thus get pissed off and retaliate against their child.

 

[Antigone*]

If it is a bank error, it may take a few months for the bank to catch it. I just suggest that you keep it in the account at least a year. That way you are well covered.

I have seen misposted items hit unintended accounts before and often times it takes the other account holder noticing the error (which might not happen for months, believe it or not).

Don't give any more funds to person B especially since they have already stated to you that they have cashed the check.

 

[thedoctorisin]

Send a snail mail and certified letter to receiver of money and explain your concern. If they feel that they deposited the money (relate your conversation), then I would find out how old a check the bank will accept. Most times, they reject checks after they are a year old - find out their policy.

Before closing the account, send the letter again. At that point, you have done your best.

This is probably what person A will end up doing.

I was just wondering/hoping if there was some way to make ex B's bank investigate and resolve the situation.

 

[efpikansas]

When dealing with ex some simple rules to follow....

1) Always send money (or any correspondence) via certified mail to prove you sent it.
2) Use a bank check (cashier's check) to pay them, never cash and you will have a receipt that can be submitted in court.

Most banks consider a check written over 6 months ago as stale dated, check with your bank.

However, since the check has not cleared your bank I would leave the money in the account for at least 6 to 9 months before you close the account (at least then if it goes to court you have proof you made an effort).

There is no way to make any bank you are not an account holder on investigate where the check is. You could ask your bank to investigate it though.

Hope this helps.