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#8246 - 12/01/05 11:09 AM stale dated check (one year old) cleared my accou
Anonymous
Unregistered


My husband wrote a check over a year ago on our account that was never cashed. Now, one year later, it was deposited into the payees account (a business) and therefore, cleared our account. My bank and the business owners bank are telling me that neither of them are responsible or willing to give me my money back ($500). What is the limit on how long a personal check is valid? Isn't there a stale date time frame involved in this?

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#8247 - 12/01/05 12:02 PM Re: stale dated check (one year old) cleared my accou
John Burnett Administrator Offline
Compliance is my life

Registered: 10/27/00
Posts: 12642
Actually, there is no longer any definite "stale date" time frame.

After 6 months from a check's date, the bank it's drawn on can refuse to pay it without incurring any liability to the drawer of the check for wrongfully bouncing it. However, unless there is an effective stop payment order on file, a bank can pay a check of any age.

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#8248 - 12/01/05 01:09 PM Re: stale dated check (one year old) cleared my accou
happygilmore Offline
Power Poster

Registered: 06/11/04
Posts: 3236
Loc: Back in New Orleans
John is correct, but let me go a step further. From your post, is sounds as if you feel that you no longer owe the business the money. Had you subsequently paid them for the services? Regardless of the age of the check, the debt is a debt until made good. If you are just upset since they didn't cash the check for a year, you have no legal grounds. However, if you had paid subsequently, such as they said they lost the check, etc, and you can prove this, then you have a basis to get your funds back. But not from your bank, who did nothing wrong by honoring your check "in good faith."
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