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#1563368 - 06/10/11 03:23 PM Cashing Check Charged off account
angels2mom Offline
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angels2mom
Joined: Dec 2005
Posts: 341
Depends on my mood
Looking for a little input...

Scenario...a previous customer (bank has charged their checking account off for bad checks) comes into the bank and wants to cash a check made payable to them from another bank customer (on-us check).

Are we obligated to cash this on-us check or may we refuse since the payee "owes" the bank money?

Thanks in advance for any input.
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Don't go around saying the world owes you a living. The world owes you nothing. It was here first.

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#1563376 - 06/10/11 03:30 PM Re: Cashing Check Charged off account angels2mom
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
If you refuse to cash the check based on that reason, the issuer of the check could sue your bank for wrongful dishonor. You'd better have a better reason for refusing to cash the check.
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#1563399 - 06/10/11 03:48 PM Re: Cashing Check Charged off account John Burnett
angels2mom Offline
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angels2mom
Joined: Dec 2005
Posts: 341
Depends on my mood
Thanks John! This is what I was wondering about.
_________________________
Don't go around saying the world owes you a living. The world owes you nothing. It was here first.

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#1563470 - 06/10/11 04:45 PM Re: Cashing Check Charged off account angels2mom
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Banks have come up with a lot of "self-help" ideas for collecting on charge-offs. This is one of them. Another one is misapplying the right of set-off (or offset, if you prefer) and grabbing all or part of a check like the one you've asked about and just telling the payee it's being applied to his debt.

Either of those schemes might get short-term results, but at the risk of legal hot water that could make the attempt more costly than helpful.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

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