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Can a personal check bounce back to an account after it has…

Customer Question
can a personal check for...
can a personal check for 16k bounce back to an account after it has been 81 days since it cleared
Submitted: 2 years ago.Category: Criminal Law
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Customer reply replied 2 years ago
can a detective add to a vehicle printout in hand writing an individuals name this being on my motion of discovery
Answered in 4 hours by:
1/1/2016
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,298
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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.

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Customer reply replied 2 years 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
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years 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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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