Theoretically and historically, and with the caveat that this area of law changes from time to time, that check is a negotiable instrument that is good more or less indefinitely at the bank it is drawn on and the orignial writer is more or less indefinitely liable as well. That never ending liability is one of the reasons that uncashed checks are such a PITA for those who issue them. The rub comes when you want to cash it or deposit it in other institutions who will then have to pass it on through the clearinghouse system and all of the rules that process entails before it gets to the home bank. There might be statute of limitation problems, laches, etc. that might be put up as defenses too. Without getting into current negotiable instrument law and banking rules, and local state variants, it might be worth your while to talk to the orignal writer of the check to see if that person will write a new check to replace the original debt represented by what you now hold. Secondly, if I were going to present that check anywhere, it would be at the bank on which it is drawn, not some other bank that will have to pass it on. With this passage of time, the account may be closed. While bad checks can sometimes be collected by criminal prosecution, precious few prosecutors would be too likely to press a four year old check that may well have been good when written. The original writer might also be sued civily if the bank dishonors the check and the original debt is still viable otherwise. BTW, whether this for ten bucks or ten thousand makes a huge difference on how ruffled to get one's feathers.

posted by 24.169.160...

• OT// Found a check dated Nov. 2000---Can I cash it?, TG, Sun, 3 Apr 2005 07:20:16
  • She's on a fixed income!, Wes, Sun, 3 Apr 2005 23:38:09
  • Re: OT// Found a check dated Nov. 2000---Can I cash it?, DER, Sun, 3 Apr 2005 21:13:36 <-- Viewing This Message
  • Keyword: Escheatment., Yak, Sun, 3 Apr 2005 17:17:54
  • Probably not, Geoff, Sun, 3 Apr 2005 11:07:48
  • You could deposit it., Rafe, Sun, 3 Apr 2005 10:38:08
  • Probably not, but you could try.., elliott, Sun, 3 Apr 2005 10:12:05
    • Re: Probably not, but you could try.., TG, Sun, 3 Apr 2005 10:40:36
  • Re: OT// Found a check dated Nov. 2000---Can I cash it?, David Ross, Sun, 3 Apr 2005 09:22:03
    • Re: OT// Found a check dated Nov. 2000---Can I cash it?, Jay, Sun, 3 Apr 2005 20:14:17

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