I wrote a check in Feb. 2008. It was never cashed by the recipient. After six months, I wrote it out of my checking account. I don't keep much in this account because it is a debit card. Today the bank called and said I was overdrawn. They also tacked on a $25 fee. Am I responsible for any of this? Especially since the check was over seven months old.
You may remember the way things used to work, back when a check over six months old would not be paid. Since 1990, most states have adopted amended versions of the Uniform Commercial Code that have all but eliminated that old six-month rule. Now the rule is that a bank may refuse payment on a check that's more than six months old, or it may pay such a check if it does so in good faith.
The law changed to reflect the reality of automated check processing. That reality is that in most cases, a bank does not look at the date on checks it pays. Particularly if your account still had a good balance after this old check was posted and a later check created the overdraft, the bank would have no reason to see the date on the check from February.
You are responsible for the overdraft and the fee, but you ought to ask your banker to consider refunding the fee if your account has otherwise not been a problem. Bankers are generally a pretty understanding bunch of people, and most of them have had similar "I didn't realize" moments. You have a good chance of being cut some slack on the fee.
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You may remember the way things used to work, back when a check over six months old would not be paid. Since 1990, most states have adopted amended versions of the 