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Home >> Checks/Money Orders
Wants Refund for Cashier's Check: Bank Says No
I made a cashier's check out to a company last year who lost it, and is now fixing their mess for the loss. However, since they lost the check and it was never cashed, I would like to get a refund of my money that was never used. My bank says its too old to refund and will not give me my money. Are they right to do this?
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 The bank is incorrect in refusing your claim based on the date of the check, but based on what you've said in your question, the party with a claim is the payee, since it was the payee that you say lost the check. Besides, you have said that the payee is "fixing their mess for the loss," which suggests that you are obtaining some sort of settlement or adjustment from the payee. It would be unjust enrichment for you to recover from both the payee and the bank. If, however, the company never received the check (if it was lost in the mail on its way to the payee, for example), your claim for a refund would be valid, and the bank should accept it.
Published on BankingQuestions.com 7/20/09
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