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#2272518 - 07/07/22 05:56 PM Returning a Business Check
Jenny Roberts Offline
100 Club
Joined: Feb 2014
Posts: 162
Tennessee
We have a business customer that wrote a check in 2020 and it finally cleared their account June 2022. The business is claiming it is the bank's fault for paying it. Now they want their money back. Is there an affidavit or another form that they can sign for us for being stale dated to try to return this check? I don't feel that we will get the money back but want to try.

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#2272520 - 07/07/22 06:12 PM Re: Returning a Business Check Jenny Roberts
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 79,679
Galveston, TX
Tell them they should have maintained a stop payment on the check if they did not want it paid. Otherwise, the bank has no dog in this hunt, and they need to sue the recipient. While you have no obligation to pay it, as long as you paid it in good faith, the bank is done with it.

§ 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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#2272523 - 07/07/22 06:52 PM Re: Returning a Business Check rlcarey
Jenny Roberts Offline
100 Club
Joined: Feb 2014
Posts: 162
Tennessee
Thank you, I told them they should have made a stop payment and they are still claiming bank fault.

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#2272525 - 07/07/22 07:05 PM Re: Returning a Business Check Jenny Roberts
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 39,704
Cape Cod
Show them the excerpt from the Uniform Commercial Code that Randy Carey provided you.
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#2272526 - 07/07/22 07:25 PM Re: Returning a Business Check Jenny Roberts
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 79,679
Galveston, TX
Also, pull out your business checking account agreement that you have provided to them. If it is any good, it should contain something along the lines of the following examples that I just randomly pulled from some business checking account agreements that banks have posted on-line.

STALE-DATED CHECKS – We are not obligated to, but may at our option, pay a check, other than a certified check, presented for payment more than six months after its date. If you do not want us to pay a stale-dated check, you must place a stop- payment order on the check in the manner we have described elsewhere.

Stale-Dated Checks. A “stale-dated” check is one that is brought to us for payment more than six months after its date. We may pay, or refuse to pay, a check brought to us (“presented”) more than six months after its date. The general rule is we will pay the check; however, we may return the check for insufficient funds. In addition, the check would be subject to an overdraft. If you do not want us to pay a stale-dated check, you must place a stop payment order on the check.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2272527 - 07/07/22 07:30 PM Re: Returning a Business Check Jenny Roberts
Jenny Roberts Offline
100 Club
Joined: Feb 2014
Posts: 162
Tennessee
You guys are great, thanks!

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#2272528 - 07/07/22 07:30 PM Re: Returning a Business Check rlcarey
Jenny Roberts Offline
100 Club
Joined: Feb 2014
Posts: 162
Tennessee
You guys are great, thanks!

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#2272532 - 07/07/22 08:01 PM Re: Returning a Business Check Jenny Roberts
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 39,704
Cape Cod
That's one for each of us, Randy! You earned yours.
Last edited by John Burnett; 07/07/22 08:01 PM.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
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