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Can the remitter of an official check place a stop payment on it?
by Ken Golliher and John Burnett, BOL Gurus
Question: Can the remitter of an official check place a stop payment on it?
Answer by Ken Golliher:
BIO AND CONTACT INFO
Assuming an "official" check is a cashiers check, one drawn on the bank and signed by a bank employee, "No." A remitter has no liability on the check, he never signed it. He is in no better position to stop payment on a cashiers check than he is a check written by his next door neighbor.
P.S. The bank cannot stop payment on a cashiers check either.
Answer by John Burnett:
BIO AND CONTACT INFO
If by "official check" you mean a Cashier's check, Teller's check or Certified check, the answer is "no."
UCC §3-411 makes it pretty clear a bank cannot refuse to these items except under limited circumstances.
There is a provision (§3-312) allowing for claims for lost, destroyed or stolen official checks. But even that does not provide for a stop payment.
The payee of an official check is entitled to consider delivery of the check the near equivalent of a cash payment. The remitter cannot stop the payment.
None of the above applies to Personal Money Orders, which may also be bought from a bank (or any of thousands of other places).
First published on BankersOnline.com 1/20/03
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