How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Guru_Guy Your Own Question

Guru_Guy
Guru_Guy, Lawyer (JD)
Category: Legal
Satisfied Customers: 2418
Experience:  My specialties include Civil Rights and Constitutional law, as well as general practice issues.
1987257
Type Your Legal Question Here...
Guru_Guy is online now
A new question is answered every 9 seconds

IF you stop payment on a check, can it ever be cashed in the future

Resolved Question:

I you put a stop payment on a check, can that check ever be cashed in the future?
Submitted: 7 years ago.
Category: Legal
Expert:  Guru_Guy replied 7 years ago.
A person may try to cash a stopped payment check. However you bank should refuse to honor the check when it comes back to them. The funds should not be taken out of your account. There is no time limit on a stop payment order.

I hope this helps!


___________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
Customer: replied 7 years ago.
Reply to Guru_Guy's Post: The bank cashed a 2 year old check that had previously had a stop payment on it. This over drew my account. The bank is saying a "stop payment" is only good for 180 days? Can you direct me to something I can take to them, to dispute this?
Expert:  Guru_Guy replied 7 years ago.
Hi again,

It turns out my last answer is showing my age. I did some additional checking after your last reply. It turns out that current standard banking practice allows banks to place a date limit on stop payment requests. There is no specific rule on how long a stop payment order is in place. Banks are free to make up their own policies in this matter.

Most banks now have a 6 month limit on stop payment orders. In order to continue a stop payment order, you now have to renew your stop payment request every six months, paying a substantial fee each time you renew. To me, this seems completely outrageous, but it has apparently become a standard banking practice.

Further, if a check comes in that is dated more than six months old, a bank has the discretion to decide whether it wants to pay the check or bounce it based on the old date. Again, this seems ridiculous to me, but appears to be standard banking practice.

I checked these rules with my own bank. After reading them, I called my banker to ask more questions. They told me their policy was pretty much what I outlined above. After six months, a stop payment order expires. If a check comes in older than six months, they usually don't bother to check the date and process it anyway. If there are insufficient funds, the account owner gets nailed with overdraft fees.

The only way to avoid this is to pay a $30 stop payment order every six months until the check arrives. If it never arrives, you can continue to pay those fees forever. Apparently the only way out is to close your account and open a new one.

It sounds like your bank has a similar policy which you can find in the fine print of the checking account agreement in that multi-page contract you signed when you opened your account or in the stop payment request form that you filled out.

I apologize for my original answer, which appears to be incorrect. I thought I was on solid ground answering without re-checking my facts. I am as outraged as you at the current state of banking practices in this type of situation. However, this has apparently become standard practice.


___________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
Guru_Guy, Lawyer (JD)
Category: Legal
Satisfied Customers: 2418
Experience: My specialties include Civil Rights and Constitutional law, as well as general practice issues.
Guru_Guy and 14 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.