I cashed a cashiers check and 6 months later my bank is telling me that the account was not located. The real reason however is that the check is counterfeit because the bank name of the check and the bank they sent it to are different. My bank is telling me I cannot file a late return claim and are holding me accountable. What can I do?

How long can a bank take to say a check will not be accepted?
Certanily after 6 months the bank must have some idea if it is good or bad

Bank of America right?

Scam artists frequently alter bank names and routing numbers on checks causing them to bounce around the banking system as the item does not belong to any institution. Unfortuantely, you as the depositor, retain responsiblity for any item you deposit into or cash against your account.

For how long?
Please tell me a bank has to inform its "CUSTOMER" about problems after a cetain time peroid?
(so they might be able to help each other. Isn't that what people should do as oopposed to waitng months and in some cases years and then taking no interest in it except to tell it's customer it is there problem)

The bank that accepts the fake check for deposit will not know there are any problems until it receives it back from the bank on which it is drawn. There are laws in place that require that bank to act upon a check no later than midnight the business day after it is presented for payment.
In the original anons post it appears that it took several months for the check to get to that bank as the information on it had been altered. Generally I get these items back within a few weeks, but not always.
I agree banks need to work with their customers. However, that door also swings the other way.
I have stopped countless fake checks (my folder is 6 inches thck) for people who have won foreign lotteries, took jobs as "International Payment Processors", "Secret Shoppers" or have wanted to help an online relationship enter the country, etc. In many of these cases when I have asked probing questions about the source of the check, I have been crossly informed by the customers I'm supposed to be helping to "Mind my own business."


If it seems too good to be true...it is.

My problem and others) (Ref. Checks valid indefinitely) is this was not a fake, fraud, an out of country,out of state check or even a out of town check. It just was lost by the bank!!!

Am I correct in saying that a bank does not get their money until the other bank pays it??????

They are losing Interest Right?

If this is correct they have in a sense not been paid for a bill.
If this happens to me after 30 days I get an interest fee and a penalty, after 60 days I am contacted, after 90 days if there is no response it will go to a collection agency.

Does a bank work different?

The bank receives provisional credit on the item from its Federal Reserve Bank that it uses to clear the check. The bank credits its depositor for the funds. As the Federal Reserve clears millions of items every day, it does not track funds from an individual check going between the bank of deposit or drawee bank.
First Anon, it may not have been your bank that "lost" an item. It passed from your bank to the Fed or other bank that offers check clearing services, and finally to the drawee bank. There are several places along the way for an individual item to be misrouted. (An unfortunate consequence of this being a human process.)

Review Section 4 of the Uniform Commercial Code to determine what your rights are and what the bank's right are.
If you feel your bank has been negligent, you may need to retain the services of an attorney to prove your case. As noted above, there are several instituions along the way that could have contributed to the delay in the check clearing process.
As has also been noted in many other threads, your recourse should be with the individual who gave you the bad check.

How long is this provisional credit for?

Your answer is found in UCC 4-215

The provisional credit is final when the drawee bank honors the item, or the provisional credit is revoked when the drawee bank dishonors the item. Which, again brings us back to the issue of an item lost in transit.
If it takes 6 months for a check to be properly routed to the drawee bank for payment, the provisional credit to the depository bank will be six months.
The only statutory timeframe the UCC provides governing this process is that the drawee bank has until midnight the business day after it receives the check to pay or return it. This is found in UCC 4-302

Quite a learning experience. Thank you very much for helping.
If the drawee bank misses that midnight deadline what would be the consequences?
Are those dates and #s on the back of the check a time table of where and when the check was processed? or how do we know when a bank receives a check?
I asked about this "Late return"(I assume only relates to the drawee bank) previously from my bank and got no where.
Thanks again

What if my bank pays a check and then returns it 2 weeks later unpaid? How can this happen? I had the money in the account the day they paid the check.

How can my bank return a check on my account that they paid on the 2nd of the month and then returned that same check on the 19th of that month?

If the drawee bank misses the midnight deadline (and yes, the back of the check would be very important in proving your case,), and you can prove that you suffered a loss as a result of their violation of the UCC, you may be entitled to damages up to the amount of your loss. If they returned the item late, don't expect them to own up to it and hand over the money, you will probably need an attorney.

2nd anon. based on your description, you bank may be trying to cover an overdraft, and going back two weeks is outside the bounds of the UCC as they are clearly outside the midnight deadline. You are covered by UCC 4-402 which covers "wrongful dishonor"
Your best option is to speak to a manager so they can tell you how what they did is legal. Hopefully they will acknowledge that they should not have done what they did. Also bring in any "returned check fees" you may have incurred from third parties as the statute does provide for damages caused by the dishonor.

Once the dust clears, if paying these items will leave you overdrawn, you will still be responsible to your bank for paying it back.

If your bank refuses to work with you, and the loss is significant enough for you to want to press the issue, again you may need the help of an attorney. Also, you as a consumer always have the right to voice your displeasure by moving your business elsewhere.