I sent a cashier's check to ASD, which turned out to be a scam. It was closed by the Federal Government before check got there. It has been six months and has not been cashed. Can I get my money back?
If the check was never received by the intended payee, you, as the remitter/purchaser, can go to the issuing bank and enter a claim and statement under oath that the check was lost, stolen or destroyed. The bank should be willing to follow section 3-312 of the Uniform Commercial Code, verify that the check has not yet been paid, and reimburse you for the amount.
You will need to be able to demonstrate, either from the bank's records or from a copy of the check that you retained, that you were in fact, the purchaser/remitter. There is ordinarily a waiting period of 90 days for such claims, but it is counted from the issue date of the check, so your claim should be enforceable as soon as the bank accepts it and confirms that the original check has not been paid.
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