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Hi,
Could anyone help me with what the Statute of limitation on a personal check is? I wrote a personal check 6 months ago and this company has not deposited it yet and I need to close the bank account soon. I sent a reminder to the company but haven't gotten any response (know that this company is still in existence).
I used to work in a bank and we always told people it was 6 months. I don't know any "official" rule on this, but if it is a state thing, you could call any NC bank to ask.
Also, if you have documentation that you tried to contact the people who have the check, and got no response, then I'd say go on and close the account; if they tried to cash it after this long and you had documentation, I can't see how it would harm your creidt.
If they haven't cashed the check, don't they still want the payment? Why was the check written? If you were making a payment it seems they would be looking for the funds and want the account settled? Any limitations would be based on the law(s) of the home location of the issuing bank, right?
Hi,
Could anyone help me with what the Statute of limitation on a personal check is? I wrote a personal check 6 months ago and this company has not deposited it yet and I need to close the bank account soon. I sent a reminder to the company but haven't gotten any response (know that this company is still in existence).
Appreciate any help!
How much money are you talking? There is no statue of limitations per say but a bank isn't obligated to honor the check after 6 months according to most state's UCC laws. Here's what NC's looks like:
§ 25‑4‑404. Bank not obligated 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. (C. S., s. 3168; 1929, c. 341, s. 3; 1965, c. 700, s. 1.)
And for MA:
Section 4-404. 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.
The problem is banks aren't going to check commercial deposits very closely when accepted so the "good faith" clause could still bite you in the butt. You should probably call the people you wrote the check to. You may have to go through the hassle of canceling the current check.
Or try calling the credit union again and use the phrase "UCC" instead statute of limitation and maybe you'll get a better result.
Sorry, I did not provide many details in my original post I guess.
I lived in an apartment and moved out and the apartment complex guys charged me about $850 towards move out charges. I gave a personal check to them towards clearing the charges. They have not desposited the check yet. I made some queries about the nature of the damages they levied on me (like replacing the entire stove just because there are few scratches on them etc and I asked them, after about 2months, to give me the old stove but they declined saying it was sent to the trash) after I gave the check. I am wondering why they have not desposited it yet. I sent an email telling them that I am closing the bank account soon and the check is pending deposit. I have not gotten any response yet (it's been more than a month since I sent the email). Are they expecting any small claims court complaint from me for the things I asked and did not want to get into anything by not depositing the check? That is my wild guess. So, still wondering what to do.
Write it off and say good-bye? Seems they are not too interested in getting their money?
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