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Stopping Payment on a Certified Check

I bought certified checks from my bank. There were some problems after I sent them off and I contacted my bank to stop payment on them. My bank said that if they were not cashed within 90 days, I would get my money back. That time passed and I was refunded my money, but a few days after that, the certified checks were cashed and the bank honored them. They have now frozen my account and told me that I now owe them the money. Is this proper procedure for the bank? Can I fight this in any way?



If you made a claim that the certified checks were lost, stolen, or destroyed, and 90 days had passed since the date the checks were certified, your claim would have matured. The bank would be correct, then, in refunding your money. When it did so, it would then be correct in refusing payment on the certified checks if they were presented for payment (as they were in your case).

However, if the checks were presented to the bank by a "holder in due course" (generally, someone -- including another bank -- who received the checks for value before they were more than 90 days old), the bank could honor the checks and you'd be liable to the bank. If the bank failed to honor the checks, you'd be liable to the holder in due course. To find that out whether the checks were, in fact, presented by a holder in due course, you may need to consult with an attorney who can assist you in getting more information.

Published on BankingQuestions.com 11/29/06