I wrote a check in August 2007, for my rent. The payee lost it, and I issued him a new check that he cashed in August 2007. He found the old check in April 2008, and cashed it without me knowing. I called my bank when I found out and they told me that they can cash a check up to seven years after it is issued. Is this true? Do I have any recourse? Is there any way for me to get that money back?
Unless there is a valid stop-payment order in effect on a check, the bank it's drawn on can pay it without regard for the date.A seven year limit could be a state-specific rule.
That means that if anyone owes you the money, it is your landlord, who received a double payment. Get together a list of the checks you have paid for rent, including the dates they were issued and the months they were meant to cover, along with the dates they were paid by your bank. You can present that list to your landlord and ask that it be compared with the landlord's records. If the landlord agrees that you've paid an extra month's rent, you may be able to skip a payment to bring things into balance. It's possible that your landlord will agree to give you a refund, but credit toward a month's rent is the more likely outcome.
Published on BankingQuestions.com 5/16/08
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Unless there is a valid stop-payment order in effect on a check, the bank it's drawn on can pay it without regard for the date.A seven year limit could be a state-specific rule.