I wrote a check 11/2005. THe payee cashed it and it cleared my bank 1/2009. Shouldn't this check have been void after 90 days or at least prior to 3 1/2 years?

If you didn't want the check honored by your bank, you should have maintained an active stop payment order with the bank. Checks are cleared electronically and most state laws protect the bank from loss if they innocently clear the item. I have never seen a state law that provides a timeframe for a check to be "void".

Checks are "stale" after 6 months based on the Uniform Commercial Code. Those stale items need not be paid. But if a bank pays an item in good faith after that, they generally have a clause in your agreement with them, that they can't be held liable.

As was noted above, to ensure it wasn't would have required a stop payment request. Stops have a limited life, require renewal and that costs you money. But that is how it works.

How often should a stop payment be reissued?
Would it not just be cheaper to close the act. then reopen another?

What is the "life" of a stopped payment?
I have one that is about a year old. Should I be doing something
to secure my money?

I hear "if they innocently clear the item" or in "good faith" alot from banks as excuses.
Note other request for answers or help Titled "safest way to make out a check for deposit"7/22 dated, "Bank takes my funds"7/21 dated, "14 months later and bank takes the money back"7/13 dated
Who makes rules and are why are they different for the consumers?

Banks and credit unions create their own policies within the Federal Reserve Bank's (FRB) guidelines. This is the reason that standards can be so different between institutions. In a fee-happy society, it has become the customer's responsibility to watch their own account carefully and pressure people to cash or deposit the check items. A good bank or credit shoudl always allow their own customer\member to refuse payment on a stale item. If yours doesn't perhaps you should seek a customer\member friendly place to do business.

They have let me stop payment but what about all these other problems I have read about he re at this website. 14 months and then the back reacts, 3 1/2 years and a bank reacts,a stop payment has to be reactivated?
Are you saying each bank makes it's own rules?

The only way to prevent an issued check from being negotiated is to issue a stop payment. Checks are simply IOUs. You could theoretically issue a check on a napkin or tissue paper. A check reflects the obligation/debt to pay to the payee the amount stipulated on the document with NO limitation on date. So a debt in 2006 may still be valid in 2009 so the check may be negotiated. As stated above- stop payments do have a limited duration before requiring reissue.

Because checks are often not hand posted any longer, the speed reading computer has no idea what the checks date is. Yes, under the Uniform Commercial Code (UCC) a check is "stale" and need not be paid after that. But most banks include a UCC allowed clause that says if the check is paid, the bank is not at fault. You wrote the check.

If you no longer want an item paid, have a stop payment order issued. Those generally last only six months and you will have to set a calendar and probably pay a fee to renew it over and over. The other option is to get the original check back from whomever is holding it.

The other side of this coin is you do a job for me and I pay you by check. That check literally falls between the cracks and you forget about it. 7 months from now you find it. Should you be able to collect it, or should you have to track me down (I move a lot) and ask for a new check?

I know a debt is a debt and should be paid.

If I make a mistake and lose the check I would be the responsible party and do the work to solve the problem.

What I have been reading here is that the Bank literally let the check fall between the cracks and they forgot about it for 3 1/2
years and the other for 14 months and they have NO RESPONSIBILITY.

This sounds a little scary for someone accepting a check even from Grand Ma, the bank may come back and take it back at any time!!!!!!
Help me understand

Are you saying that if I stop payment on a check they could just wait 6 months, hope I forget to renew the stop
payment, deposit the check, then because of the way checks
are processed they would have a good chance of getting the money?

If yes, should consumers just close the account to save time, money, and possible headaches?

I know this shouldn't happen often but in though economic times
this seems like a big loophole for some. My problem was with a home improvement contractor who never finished.

Yes, stop payment requests expire and a check could be paid after that.

Hopefully you are writing checks to reputable companies and people who would contact you when an old check is found. They could ask for a new check from you in exchange for the old one. But that isn't always the case.

If you place stop payments frequently, closing and opening new accounts could be time consuming and expensive.

All companies seem reputable until somthing happens i.e. General Motors, AIG, etc.

Why is it expensive to close and open a new account?

It seems no one has ansewred the question: What happens when a
bank makes a mistake? A check clears then months and years later due to the banks oversight/mistake they catch it. They have no
responsibility????

Anon: Turn the question around -- why would a bank guarantee a deposit customer's second party deposits as good funds. The bank is giving the depositor credit for those checks in good faith. The bank has no idea whether the checks are good or not.

The timing of deteriming checks are not valid and may involve fraud and loss to someone is not the issue. The bank has not benefited so why should it take the depositor's loss?

Now I am sure there are banks that would absorb the loss based upon the timing and the relationship to the customer. But that decision would be based upon individual bank policy and procedure.

This is just my opinion and not intended to be argumentative.

It can be very time-consuming to close and reopen accounts for individuals that have online banking, automated deposits and/or ACHs established on the account to be closed. You may also have to purchase checks on the new account. It may be, however, easier than trying to keep an active stop payment order on the account.

I have been a banker for 30 years and we have always taken great pride in providing excellent service to our customers. But banks are not perfect and mistakes can be made. I once identified an error that resulted in overpayment to clients closing out CDs. Those customers never heard from us, we absorbed the loss and corrected the system parameter that caused the calculation error. Banks are not all bad.

Some errors, however, do involve going back against a customer's account. Remember, just because your bank has given you credit for a check you deposit does not mean that the check has "cleared". If checks are moving back and forth between banks during the collection process, your bank may eventually have to take the money back out of your account if the item is refused by the paying bank. Your bank may be contesting a return on your behalf trying to help the item clear and not result in a loss to you. But sometimes, we lose. In that case, your recourse is against the person that wrote you the check.

I understand a bank may be contesting a return but why would they not inform the customer? Maybe together they could resolve the issue. Certainly after months(or years) go by it has made the matter worse and harder to resolve. If the bank has caused this delay and problems occur it would seem they are now the responsible party, right? Just as if I make a mistake I am held liable.
Thoughts?????????????

Escalate your concerns above the bank staff you are talking to now. You can also present the facts to the bank's primary federal regulator.

primary federal regulator? who would this be? Please do not tell me the occ

A bank will tell you which agency is its primary federal regulator, and how to contact them.

There are a number of primary federal banking regulators. The regulator will depend on the type of bank, thrift or credit union charter the financial institution received, and whether the charter was granted by a state or the feds.

I can't tell you it is the OCC, but if the bank has "National" or N.A. in its legal name, the primary federal regulator will be the OCC.

yes it was a "national" bank. I Filed a case with the occ and was VERY diappointed. All they did was forward me info. the bank sent to them, which was what I had already had gotten from the bank and forwarded to the OCC perviosly. It appeared they never even compared my documents to what they recieved from the bank.
No guidence, no suggestions, no explanation of laws or if there was a law. The only suggetion was to hire a lawyer. Tried to get some free legal rep. but I am not that poor to qualify
so I had hoped you guys could help.
I guess there is no "law" stating when you can be sure a check is actually GOOD.even after a year or three and a half years. MY bank steted they can return a check at anytime for any reason
Please tell me this is not the case?

Then we have come full circle back to asking why you cannot get the person or entity you accepted a check from to honor said check....

Can you get the district attorney's office to open a case? They have some success in obtaining restitution in check fraud cases. That would not cost you any attorney's fees.

Tried to track down the company (LLC) last year when the bank informed me, over a year after I deposited this check. Have had no luck. It seems there are new owners, never heard of me, just do not care enough to help, many other excuses. I look like a fool trying to track down a check that is now 2 years old.(I don't think anybody believes me the bank took over a year to find this mistake.
I have called senators, congresssman, DA Office, law schools,etc
There is no talk of it being check fraud just the bank made an error and is sorry but that is not there problem.
Again is there a time limit on when a "bank" can make an error
and make the customer pay for it?

PALE RIDER
YOUR RESPONSE WITH MY RESPONSE IN #'S

Anon: Turn the question around -- why would a bank guarantee a deposit customer's second party deposits as good funds. The bank is giving the depositor credit for those checks in good faith.

1 The bank has no idea whether the checks are good or not.
The customer is giving the bank his business in good faith knowing they will do a good job or make good on it, like any business

The timing of deteriming checks are not valid and may involve fraud and loss to someone is not the issue. The bank has not benefited so why should it take the depositor's loss?

2 Because they screwed up!
There was no fraud just a banks mistake, because it took soooo long(months/years) to find their mistake. Why does a depositor have to take the loss for a banks mistake.

Now I am sure there are banks that would absorb the loss based upon the timing and the relationship to the customer. But that decision would be based upon individual bank policy and procedure.

This is just my opinion and not intended to be argumentative

3 Arguments can be enlightning when one learns from it.
What I would like to learn is when I deposit a check when can I be assured the bank will not come after me and take back the money? Fraud and criminal activity the exception I know. But even fraud and criminal activity must have some limitations for the consumer.

1. Banks manage risk. Banks win some, lose some, and try to learn.

2. Checks can be reversed. It happens elsewhere in life. You run a red light at 2AM when no cars are around. No biggie. But if a camera gets you and you get a ticket a month later, not at the time, it is still an enforcement action. Bank A may return a check to Bank B as a forgery months later. Bank B reverses the deposit. That is one example that may seem unfair, but it happens, and it will continue. The bank needn't take the loss.

3. Trust the person you took the check from before you have to trust your bank. They are only carrying out your transactions, they are not creating them.

2 Again, no forgery. Just a bank that that took to long to find out a check had a stop payment on it.(over a year) and the original maker of the check is gone. Who should take the hit?
The red light camera situation has rules and limitatins also. The violations dept. can not wait a year to issue a ticket and that includes ezpass if anyone is interested.

3 Should I have to run a background check on anyone who writes me a check?
I still have trust in our system. Someone at the bank screwed up on carrying out my transaction, admitted it, but doesn't want to get "hurt". We all make mistakes and pay the price. That is what is most annoying, when things go wrong they seem to try anything to shift the blame.

Mr. customer I screwed up could you bail me out, the goverment want help me any more.

How long is a cashiers check good in the state of Ohio?

How long is a cashiers check good in the state of Ohio?

I am trying to hide some funds and considering buying a cashiers check and placing it in my safe deposit box.. how long is a check good before it expires.

Editor
I have a check that fell thru the cracks at the bank and now 4 months 16 days after I deposited it the bank takes the money out of my bank and overdraws my account (did not have $6800.00 in the bank) they tell me a stop payment was put on the check. I went back to the people I did the work for but they have sold the house and moved away, as I knew they were planning. I was told that they closed their bank account since they moved and had any outstanding checks cancelled/stoped because no one would wait around "for ever" for me to deposit a check. Very rude banker. He basically accused me of losing the check and then come crying to him to help. I informed him it was not me that caused this but the bank literally down the street did this. He did not believe me and would not give me any forwarding address or any assistance.
My bank is not lending any assistance and is threating me for the additional 2200.00 I am overdrawn.
Can Bank of America make a mistake like this which they have admitted and not be held responsible?

CAN SOME ONE HELP THIS ONE IS BIG?

Do you have a deposit receipt or statement reflecting the deposit?

While it may seem they are out of the picture, the check writer still owes you that money. Have you written to them and informed them that your check had not yet cleared and they still owe you the money? (They should have a forwarding on file.)

While it sounds like the bank screwed up, I don't see them giving you the money they can't get back. Getting to the source may be your fastest way to collecting what is owed you.

yes I have all the records of the deposit. I am not that bad of a businessman as everyone seems to think.( No way could a bank take that long to clear a check, I must of caused this)

I have gone to neighbors,new owners of the house, the realator,
and the school system and no one wants to give away this info which I do not blame them as they do not know me and as I've said before it is a hard story to believe.

The bank did not have kind things to say about you either when I
mentioned keeping a file with forwarding addtess. They said there is no such requirement.

Please help not only am I out the money but my reputation is being hurt.

editor or anyone who can help!

You said it seems like the bank screwed up, Why? Is there some
statue of limitations on something like this.

You also said do you have the deposit slip and or statement and I do. What will this do for me?

As I understand it the check was deposited late. There was a stop on it by the time it went to clear. Unless the bank processed the check late it isn't their fault.

Send a certified letter to the people at the old address, requesting it be forwarded. You might get your message through that way, you might be able to request "address correction requested" but I'm not sure what the USPO rules are on that. I still come back to the fact that the people who stopped payment on the check they gave you still owe you the money.

Absent that, I'd go to the county attorney and explain that you have a check that was stopped and is that theft by check?

NO the check was not deposited late. It was deposited the day I got it. The stop payment I found out was placed the day before they moved as they closed the account. That was almost 4 months
after I deposited it.
Thanks for the idea of the certified check. I will give it a try.
How do I know who screwed up, by those numbers on the back of the check?

Elvis' song came to mind on the certified letter with signature required; "No such number, no such name" in other words I came up
empty again.Thanks for the suggestion anyway.
There are 6 dates stamped on the back of the check.
Two are 10/09/08 one by BOA where I deposited it. The other 4 are 10/10/08(One has a 3 sets of #'s , other has 2 sets of #'s
and Phila and #'S and letters with the date, 3rd on has 2 sets of #'s with the date and the 4th has just the date being OCT-9 08 and then 1 other set of #'s. There is no stamp saying stop payment, but on a 2nd copy from BOA it is stamped "REFER TO MAKER' and this was given to me over 5 months later.
I would write them in but not sure if this is a secure thing to do.
Attorney has doubts about the case. Little unbelieveable, as has been mentioned before. No there is no theft if they made a resonable attempt to pay me, and a few months is resonable and they do not have to keep an account open forever to cover old checks.
Thanks for your help.

In reading the other responses I have learned a stop payment is only good for 6 months. So why couldn't he deposit the check now and see what happens?

Editor,
Post office said they do not give out that info, but again thanks for the idea.
What is the definition of a late return for the issuing bank and the depositing bank?
What are the consequences to the bank of a late return for each situation.
This is what appears happened to me but based on my last response 1/15/10 @ 12:02pm I can not figure out what happened. (all dates are 1 day apart and the "refer to maker" has the same dates on the check but I recieved it by fax in March.
How can a person protect themselves from having this problem?

any info on the dates and other info on the back of the check?

???????????????????
I'm interested too on those dates on the back?

Anybody have this info

Banks sure do seem to make their own rules.
Does anybody ever stand up and say I made a mistake and correct it. That is what my 4 year old is taught. Maybe we should go back to the basics Mr. or Mrs. Banker.