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  Home >> Checks/Money Orders >> Checks You Received  
A Cleared Check and NSF

Can a bank take a check that has cleared out of my account and then claim insufficient funds?



The fact that your bank allows you to use funds that you have deposited in the form of a check on another bank does not mean that the deposited check has cleared. It only means that your bank made the funds available.

If the bank the deposit check was drawn on refuses payment in a timely manner, and returns the check unpaid, your bank has the right to charge the amount of that check back to your account even if you've already spent the money. If that creates an overdraft in your account, you are liable to your bank to repay it.

Published on BankingQuestions.com 11/03/10