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Home >> Checks/Money Orders
Payee has Check Writer Claims is Stolen
I was given a cashier's check from a tenant to cover past due rent. The tenant then went to the issuing bank and claimed it was stolen. Do I have a legal claim against the bank, since I am in possession of the check made out to me?
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 Yes, if you were given the check by your tenant, you can enforce payment of the check against the issuing bank, in spite of the bogus claim that it was stolen, if you can document that you are the payee or the lawful holder of it, and if your tenant endorsed it to you. After 90 days from the date of the check, however, the issuing bank can legally refuse to honor it, based on having already paid the claim that the check was stolen.
If possible, contact the issuing bank and bring it there personally, so that you can provide identification and explain how you came to have the check. Remember that a claim has been made that the check was stolen, and the bank might be alarmed to have it presented for payment.
Published on BankingQuestions.com 2/18/09
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