I have a check that was a return deposit item posted on 12.29.08, however, the check was deposited at my bank on 9.3.08. How long does a bank have to rescind a check? am shocked, as this was a substantial check.
The check could have been delayed on its way to the bank it's drawn on, or on its way back. Transportation delays on either leg of the journey are unfortunately a risk of the depositor. However, if the check was delivered to the bank it's drawn on in a timely manner, and that bank delayed its return past its midnight deadline (the end of the banking day after it first received the check), then the return was late, and your bank should work with you to attempt a return of the funds.
What usually happens in such cases is the depository bank (your bank) will make a claim of late return. The paying bank (the bank on which the check is drawn) is supposed to defend the claim if it can, by documenting the fact that its return was timely. If it cannot do so, it should return the funds.
That's the way things are supposed to work. Start the ball rolling by bringing the check to your bank and asking that they start a late return claim. Be aware, though, that the paying bank may not want to play by the rules. If they don't, you or your bank may have to get an attorney involved or at least threaten to do so.
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