There is a widely held belief that checks which are more than six months old are, in effect, dead. Some bankers think that a stale-dated item cannot legally be paid. That is not the case.
The UCC says that a bank is under no obligation to its 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. (UCC 4-401)
The payor bank can pay the item in good faith, but is under no obligation to do so. The depositary bank takes a risk when it accepts a stale-dated item for deposit, since it may properly be refused by the drawee bank. The drawee bank, however, can pay it -- or not pay it. Its choice, so long as it acts in good faith.
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