I paid a bill with a check on 9/9/2011 which was not cashed until February 2012. The amount was 394.21 and it over drew my acct. What can I do?
Asked on Feb 25th, 2012 on Business Law - Michigan
More details to this question:
They held the check for six months. It never occurred to me they would not cash it. They also have not credited my account properly. Do I have any recourse with this company?
Unfortunately, no. The check was, in the words of the Uniform Commercial Code, "properly payable" from your account. You are responsible for keeping a check register so that you know which checks are outstanding and have not yet been cashed. While checks become "stale" after the passage of six months (the six-month frame had not yet passed in this case), you are never privileged to assume that an outstanding check will not be cashed unless you have stopped payment on it.
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