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FinCEN's Beneficial Owners Proposal: What It Can Mean for You;
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September 23
Bankruptcy 101;
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Using CPTED to Make Our Banks Safer;
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Revised Escrow Rules - Review and Update;
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CRA - Digging for Credit;
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Applicants and Applications: Knowing the Players and the Rules;
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#142965 - 12/23/03 03:31 PM Stale Dated Checks
Anonymous
Unregistered


Do the tellers at your bank check for stale dated checks?
Do they cash checks over 6 months old?

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General Discussion
#142966 - 12/23/03 03:52 PM Re: Stale Dated Checks
Anonymous
Unregistered


Does anyone know if there is any Federal laws or reg's that states a check is no longer valid after 6 months. I think the general perception by the general public is checks are invalid after 6 months. What do you think?

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#142967 - 12/23/03 05:35 PM Re: Stale Dated Checks
Rocky P Online
Power Poster

Registered: 06/24/03
Posts: 4592
Loc: South Carolina
I can't pull the site up right now, but Florida has the definition (in only a way that legislatures do it) of "stale dated" built into the statutes, I believe in the UCC section on Negotiable Instruments.
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#142968 - 12/23/03 05:47 PM Re: Stale Dated Checks
Qtip Offline
Platinum Poster

Registered: 12/18/03
Posts: 536
Loc: Kentucky
Here's a direct link to the law library at Cornell University. Look under Section 4-404. Hope this helps:
Cornell
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#142969 - 12/23/03 06:02 PM Re: Stale Dated Checks
Andy Z Offline

10K Club

Registered: 10/27/00
Posts: 25227
Loc: On the Net
Also check your deposit agreement, you may have something like this.

"“Stale-dated” Items. We are not required to pay
any item presented for payment more than 6
months after its date. However, we may pay such
item if we do so in good faith. We are acting in
good faith as long as there is not a stop payment
order in effect when we pay the item. You shall
indemnify and hold us harmless for losses due to
our paying any stale-dated item."
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#142970 - 12/23/03 06:10 PM Re: Stale Dated Checks
Don_Narup Offline

Power Poster

Registered: 07/13/01
Posts: 3708
Loc: Las Vegas Nevada
Heres what Cornell says

§ 4-404. BANK NOT OBLIGED TO PAY CHECK MORE THAN SIX MONTHS OLD.
A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.
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#142971 - 12/24/03 09:57 AM Re: Stale Dated Checks
michellecc Offline
100 Club

Registered: 09/11/03
Posts: 128
Loc: Southern New England
Yes, our tellers are trained to identify checks that are 6 months or older and are instructed not to cash these checks.

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#142972 - 12/24/03 11:21 AM Re: Stale Dated Checks
jcrump Offline
Member

Registered: 08/05/02
Posts: 88
Loc: Texas
We train the teller to look for them. Once identified, the check is taken to a supervisor for review. In most cases, the check is paid if the funds are available. Often times the officer will call the customer if further verfication is needed. Quite frankly, we don't see very many of these. Also, we obviously don't stop the ones that come in transit, nor have we had any customers that have brought any in to us and disputed the payment of any stale-dated items.

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#142973 - 12/26/03 09:05 AM Re: Stale Dated Checks
Ken_Pegasus Offline
10K Club

Registered: 08/30/01
Posts: 17315
Loc: Another trip around the sun
I agree with jcrump's approach. Tellers should be trained to look for the date, but supervisors should make the decision to accept or reject the item. The language from the model version of the UCC (see above) allows the drawee bank to pay a stale dated item, but it does not require it to do so. (If the check is "on-us" the decision to accept the item is the equivalent of the decision to pay the check.)

You accept a stale dated check drawn on another bank for cash or deposit with a complete understanding of the fact that the drawee bank has every right to return it to you and your recourse would be limited to the endorser. It's likely that the drawee bank will not even be made aware of the stale date in time to return it by the midnight deadline, but I suggest that fact not be included in your decision making process.

Remember too, you would be entitled to an exception hold on a stale dated check based on "reasonable cause to doubt collectibility." You could also send the item for collection via the mail, but that would virtually assure that the drawee bank would notice the date.
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