But if there's nothing about stale or post-dated checks in your account agreement, look to the version of the UCC in your state. In almost every state, the bank is allowed to pay a stale check without risk, if it does so in good faith.
Once again, good faith suggests that the customer hasn't a "side" agreement with the bank that says the bank agrees to check dates on all our checks and bounce anything older than X." Most bankers possessed of good sense would never sign such an agreement.
The bank also wins if it bounces a stale check for date. The customer cannot sue for wrongful dishonor. Again, this assumes there's not a side agreement saying "bank agrees to pay even stale checks notwithstanding their dates."
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8