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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23536
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can a personal check bounce back to an account after it has

Customer Question

can a personal check for 16k bounce back to an account after it has been 81 days since it cleared
Submitted: 11 months ago.
Category: Criminal Law
Customer: replied 11 months ago.
can a detective add to a vehicle printout in hand writing an individuals name this being on my motion of discovery
Expert:  Zoey_ JD replied 11 months ago.

Hello,

Yes the check can bounce. Under Federal law, once a check is deposited the bank must make the funds available to the account holder within 48 hours of the deposit. But that does not mean that the check has fully cleared. It can take weeks sometimes for a check to actually clear, particularly if it is a foreign check or if it is a forged or counterfeit check and the routing codes were tampered with.

The question about the vehicle is an entirely separate matter which belongs as a separate question. Since you did, in fact, post it elsewhere, I have addressed that matter on your other question thread.

Customer: replied 11 months ago.
81 days later after it cleared so it cleared then 81 days later it bounced back they took the money out of my account from that check
Expert:  Zoey_ JD replied 11 months ago.

Thanks for the reply.

My point was that the check probably did not fully clear. Most people assume that a check cleared because they can withdraw funds against it. But that's incorrect. The bank MUST let an account holder draw against it in 48 hours, whether it clears or not. Then, if it bounces down the road and creates an overdraft, the laws protect the bank who can make you make good on the overdraft.

Your remedy, in turn, would be to sue the person who presented you with the bad check.