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  Home >> Checks/Money Orders  
Should Bank Cash Old Check?

My mother-in-law wrote a check one year and seven months ago to a car company. The agreement was for them to pay cash and the check would be destroyed. The check was just submitted to her bank a couple of days ago causing it to bounce, lots of ugly fees and of course the checking account to be in much disarray. Is it legal for them to cash a check that old?


If it wasn't intended that the check be processed, it should have been retrieved. The bank likely has a clause in the deposit agreement stating that it isn't responsible to review the date on the check, so it isn't stale to them. The issue then is with the car company, which has apparently tried to collect twice by collecting the cash and running the check.

Contact the car company and explain this. Perhaps they'll realize the error of their ways and refund the money. If that doesn't happen you may have to consider legal actions, perhaps with an attorney.

Published on BankingQuestions.com 11/24/10