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  Home >> Checks/Money Orders >> Checks You Wrote  
Is This Fraud...Theft...or Both?

Is it considered fraud when a check written to a specific payee in 2008, is endorsed by a different person and deposited into the account of that person two years later?



What you describe is a check that became stale. In most cases, banks do not have to pay stale checks. Stale means it is more than six months old, but your bank is also not prevented from paying these checks. This should be in your deposit agreement with your bank.

Person A had the check and endorsed it to B, so the check is now payable to B, and B deposited it, so that it posted against your account. Neither of those is a problem unless you had previously placed a stop payment request on the check and it was still a valid stop payment order. If you had replaced that check with another payment, you may have a case against them for collecting from you twice on the same debt. Cashing a two year old check is a little extreme, but not unheard of.

Published on BankingQuestions.com 12/22/10