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Old 02-21-08, 02:57 PM   #1
polietilen
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Question about void check

Got a quick question for you guys and girls, since my bank didn't even know to answer me this:

Cleaning my house, I found a check of about 2 years ago from an empoyer that I no longer work for. Now, I don't even remember if I ordered it void and my employer made a new one, but anyway, my question is: If I go to this previous employer and find out that in fact this check hadn't been voided at that time, do I have still any right to that money? Or do I have to depend on my employer's good will to make me another check? The bank officials didn't even know the legal standing on a situation like that. Some help they are.

So, anyone who can help me out on this before I go to that employer?
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Old 02-21-08, 03:11 PM   #2
RunBandoRun
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Most banks consider a check "stale" after six months and will not cash it without the permission of the drawing accountholder.

Congratulations, BTW. I'm in awe of anyone who can actually afford to FORGET to cash a paycheck.
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Old 02-21-08, 03:26 PM   #3
Mordred
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My wife was in a similar situation where an ex-employer contacted her 10 months after she had left the company with a check that had never been cashed (because they never gave it to her). They reissued the check and sent it to us which was nice.

I'd contact the company explain that the check was lost and never cashed and ask them to reissue. If they won't you could put it in a stack of checks that to be cashed, take it to the bank and hope they don't notice and just deposit the check. I'd wait a few weeks before withdrawing the money though.
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Old 02-21-08, 04:10 PM   #4
jonnyquest
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Quote:
Originally Posted by polietilen
Cleaning my house, I found a check of about 2 years ago from an empoyer that I no longer work for. Now, I don't even remember if I ordered it void and my employer made a new one, but anyway, my question is: If I go to this previous employer and find out that in fact this check hadn't been voided at that time, do I have still any right to that money? Or do I have to depend on my employer's good will to make me another check? The bank officials didn't even know the legal standing on a situation like that. Some help they are.
A 2 year old check is staledated; the bank will not process it. Even if the teller doesn't notice the old date, the processing center will surely catch it. You are entitled to the money for which you worked. Since you can't remember whether there was a void/reissue to remedy the misplaced check, you will have to rely on the employer's accounting records for the answer. If the money was never paid out, it would seem like a straightforward thing for them to just issue you a fresh check. I don't know about legalities, but that's my "common sense" view of the situation.
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Old 02-21-08, 04:56 PM   #5
polietilen
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Quote:
Originally Posted by jonnyquest
A 2 year old check is staledated; the bank will not process it. Even if the teller doesn't notice the old date, the processing center will surely catch it. You are entitled to the money for which you worked. Since you can't remember whether there was a void/reissue to remedy the misplaced check, you will have to rely on the employer's accounting records for the answer. If the money was never paid out, it would seem like a straightforward thing for them to just issue you a fresh check. I don't know about legalities, but that's my "common sense" view of the situation.
Thanks. This is actually what I'm planning to do. My main worry is that if it wasn't reissued, this employer will not want to make a new check. You see, I also left this employer on somewhat bad terms, so that doesn't help my worries either.

Quote:
Congratulations, BTW. I'm in awe of anyone who can actually afford to FORGET to cash a paycheck.
I'm in awe of myself as well for being so careless. Now I'm wondering if this hasn't happened before and have never found out about it until now. Even to this day, sometimes I will wait more than a week to cash a paycheck. Damn, I should appreciate my money more.
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Old 02-21-08, 05:23 PM   #6
calhoun07
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Quote:
Originally Posted by jonnyquest
A 2 year old check is staledated; the bank will not process it. Even if the teller doesn't notice the old date, the processing center will surely catch it.
The date MIGHT cause it to reject...I work for a bank full time in the operations department and can tell you the bank I work for doesn't flag items for stale date. Unless there is a stop pay on the account to flag the older checks that haven't cleared or a restriction of some sort, or if the bank has a report that kicks out checks out of check range, then it's not going to get caught.

But with today's automated systems and each bank setting their own parameters for what they want to kick out on reports for review, there is no guarantee it will get caught.

Better to just side on caution and just call them and see if they will still honor the check. If the employer wishes to honor it, they can issue a new check. You're gambling if you try to process it through the banking system, that is for sure.
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Old 02-21-08, 05:41 PM   #7
polietilen
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Quote:
Originally Posted by calhoun07
Better to just side on caution and just call them and see if they will still honor the check. If the employer wishes to honor it, they can issue a new check. You're gambling if you try to process it through the banking system, that is for sure.
So what you're basically recommending is that I go to the employer first instead of trying to cash it in the bank?
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Old 02-21-08, 05:45 PM   #8
calhoun07
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Quote:
Originally Posted by polietilen
So what you're basically recommending is that I go to the employer first instead of trying to cash it in the bank?
I am saying YMMV in going to the bank. I know if it was my bank the check was presented at, it would kick on a report that shows checks out of sequence and somebody would look at it (me, actually) and then they would probably return it or they might be nice and check with the employer for you (which my bank would want me to do), so either way the employer would more than likely make the final call on the check. If it's a small bank, they might catch it. If it's a big bank, it could fall through the cracks. Then if the employer doesn't want it paid, they could still have it returned for stale date after it's been presented once their bookkeeper reviews their checks that cleared the bank.

And if it gets returned, you could get some returned item fees accessed to your account, and might throw you in the overdraft depending on the amount of the item. If the employer wants it paid, isn't it better to just check with them? The bank is the go-between. I am always for going straight to the source when possible.
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Last edited by calhoun07; 02-21-08 at 05:51 PM.
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Old 02-23-08, 06:06 PM   #9
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OMG! I got a refund check YESTERDAY from my old health insurance company. I was looking at it about 10 minutes ago and noticed its dated Nov 07. And it says Void if not cashed in 90 days. So I find the envelope and its post marked FEBRUARY 19, 2008. Guess I'll be calling them on Monday.
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Old 02-24-08, 01:21 AM   #10
calhoun07
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Quote:
Originally Posted by IdgIe49
OMG! I got a refund check YESTERDAY from my old health insurance company. I was looking at it about 10 minutes ago and noticed its dated Nov 07. And it says Void if not cashed in 90 days. So I find the envelope and its post marked FEBRUARY 19, 2008. Guess I'll be calling them on Monday.
Now those checks I see quite frequently sent back in my job as stale dated. Insurance companies are either getting the stop pays on the system or their bookkeepers are on top of it. But they will not let it go through....Insurance companies are militant about stale dated checks. And places that pay out refunds for merchandise you buy.
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Old 02-24-08, 01:45 AM   #11
DVD Polizei
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Quote:
Originally Posted by polietilen
So what you're basically recommending is that I go to the employer first instead of trying to cash it in the bank?
Definitely. However, even though the check might be void...the work you did for them is not. So, they should cut you a new check. If you deposit the check, it could come back as invalid acct. or something, and then you'd be charge a good chunk of money...and you'd still have to contact your employer.
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