Full question:
In a divorce 3 years ago I wrote my ex a check for pay-off of equity on our house that I kept. She never cashed the check. Since then I have closed that account . I received a letter from her this week saying she wanted her money. Is there a staute on how long she can keep a check and never cash it. Doesn't it become void after a certain period of time?
- Category: Debts and Credit
- Date:
- State: Louisiana
Answer:
The bank may cash a stale check as long as it does so in good faith, meaning that it has no reason to know the account holder doesn't want the check paid. Section 4-404 of the UCC states as follows:
U.C.C. - § 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..."
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
