Answer:
If the checks in question are drawn on your bank, the answer will depend on your deposit contract with your customer. If the matter is not specifically addressed in your deposit contract, see Article 4-404 of your state's Uniform Commercial Code. The default language states, "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."
This means that if there are no stop payments a check older than six months, the bank may choose to cash it in good faith.
If the check is not drawn on your bank, understand that the drawee bank may or may not choose to honor a stale check older than six months. There is also an increased risk of the account being closed. You can choose to take the risk of the check being returned and cash it or ask your customer to get a replacement from the drawer.
First published on BankersOnline.com 8/20/12
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