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#107777 - 08/19/03 02:31 PM Reg CC Cashiers Check Holds
Anonymous
Unregistered

I have a question about holds placed on Cashiers Checks. Following what Reg CC says in 229.10, you can't place a hold on a Cashiers Check that is deposited into the check holders account, and in person to a teller. We have recently had a circumstance where there was a Cashiers Check that was deposited, that we thought was suspicious, but we were unable to hold it. In the end, the check ended up being counterfeit. Is there any literature anywhere that states that we can hold a Cashiers Check? Thank you.

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#107778 - 08/19/03 02:36 PM Re: Reg CC Cashiers Check Holds
GreatBlue Offline
Diamond Poster
GreatBlue
Joined: Feb 2003
Posts: 2,362
Colorado
If you have a reasonable basis for believing the check will not be paid, you can place an exception hold. There is nothing in the regulation preventing that exception from being applied to cashier's checks.

You also don't have to accept a check for deposit. If you really suspect it isn't good, you could send it for collection instead.
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#107779 - 08/19/03 02:56 PM Re: Reg CC Cashiers Check Holds
redsfan Offline
Power Poster
redsfan
Joined: Dec 2000
Posts: 3,455
The Pennant Race
Great Blue is right on both counts. But remember that you can only place an exception hold for a "reasonable" period of time. For next day items, one additional day is considered reasonable. Not a lot of help. Be ready to justify an additional period if you impose one.

I like the suggestion about sending the item for collection, rather than accepting it for deposit. It permits you to only pay the funds when you receive them.

Hopefully, you were able to SAR this customer and have them arrested.
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#107780 - 08/19/03 04:32 PM Re: Reg CC Cashiers Check Holds
JacF Offline

Power Poster
Joined: Nov 2001
Posts: 6,719
PA
Quote:

Hopefully, you were able to SAR this customer and have them arrested.


I'd be willing to guess that this was the result of an online sale scam, and the depositor in this case was not aware that the item was counterfeit. As such, make sure any reports to law enforcement are properly identifying the perps and the victims.

To the original question, if your state law does not extend Reg CC funds availability schedules to non-transaction accounts, then you also have the option of accepting the suspect cashier's check for deposit into a savings account, and placing whatever hold you feel is appropriate. This also gives you the right (if it was properly disclosed) to invoke 7 days written notice from the customer prior to any withdrawal of the funds.

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