[Moorehair]

Some one is trying to get funded on a check that was written 6 years ago/ what is my rights

[Wondergirl]

How do you fit into this? Are you the account holder or the one trying to cash the check?

[smoothy]

What does your bank say? Where do you reside.

Few banks will honor a check that's that old... 6 months is usually the limit to cash a personal check (but it CAN)... cashiers checks are good for much, much longer.

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..."


You could pay for a stop payment.. but that expires... or you could have your bank change your account numbers... and that will have that old and stale check be against a dead and empty account.

Or do both if its for a significant amount.

[joypulv]

'Trying to get funded' is sweepingly vague. If the party wants to sue the person who paid him, he can try.. he could easily lose, he might win; we'd need to know more.
No bank will honor a check that old in my opinion.

[ebaines]

I may be reading too much between the lines, but if you wrote the check to someone 6 years ago and they failed to try to cash it until now, and now the bank won't honor the check - their recourse is to try to get you to write them a new check. So if your question is whether the statute of limitations has expired on this debt, it may have, but it depends on the specifics of the nature of the debt, whether you've had other dealings or payments with this person or company, and the law of the state you live in. We'll need more details to help provide more specifics.

[Moorehair]

How do you fit into this? Are you the account holder or the one trying to cash the check?

I no longer have that account open been closed long time dureing that time I got sick and filed bankrupt on home etc. I was trying to teach a class but the other party kept check and told me I Needed to send other things in to complete file but I got sick during process and they kept checks tried to cash but eve dentally during that time they where returned back to them. Well, now there trying to collect money from me after 6 years but I did not complete what I was paying for and they don't want to talk about that.