A check that is not cashed within a certain timeframe (usually six months) is considered a stale-dated check. Banks and other financial institutions are not obligated to accept stale-dated checks (also just known as “stale checks”).
Many banks may, however, still honor stale-dated checks, but if the account the check is drawn against has been closed or has insufficient funds, you could wind up with a returned check, plus a fee. It’s a wise financial move to cash any checks that you receive in a timely fashion. Learn more about stale-dated checks here.
Key Points
• A stale-dated check is one not cashed within a certain time period — typically 180 days, but it may be considered stale sooner.
• Banks are not obligated to honor stale-dated checks, though some may choose to do so.
• Depositing a stale-dated check could lead to the check being returned and incurring a fee.
• Contacting the issuer for a replacement or checking bank policies can help avoid issues with stale checks.
• Stale checks may be subject to escheatment laws, where unclaimed funds are turned over to the state.
Defining Stale-Dated Checks
A stale check is one that has not been cashed after a certain period of time. While there is not a single, universal period of time that makes a check “stale,” six months is a common amount of time that a check is good for. The UCC (or U.S. Uniform Commercial Code) doesn’t require banks to cash a check older than that — though it doesn’t forbid them from cashing checks that are that old, either.
Stale-dated checks can cause baking issues. Your own bank might reject a stale check that you try to deposit to your bank account if they deem that too much time has passed since it was issued. Or, they might accept it and the issuing bank might not pay the check. For example, the account the check was drawn on could be closed or lack sufficient funds.
Some stale checks may be handled under what are known as escheatment laws.
U.S. Escheatment Laws
Escheatment is the process by which banks and other financial institutions turn over unclaimed property to the government. All states have created programs that handle this unclaimed property and attempt to return it to its rightful owners.
At a certain point, stale checks can reach the time period set by the state (the one where the issuing bank is) and are then handled under escheatment laws.
So, say you were issued a refund check from your health insurance provider, reimbursing you for some medical services you received. If you misplace that check for a couple of years and then find it when moving, you may have trouble depositing it. The check may no longer be able to be cashed, and the funds may have been turned over to the state. You might have to find the unclaimed money by searching online.
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How to Approach a Stale-Dated Check
If you have a stale-dated check in your possession, there are a few steps you’ll likely want to take:
How to Identify a Stale-Dated Check
The first step is identifying and confirming that you have a stale-dated check. Most checks reflect the date the check was written in the upper righthand corner. A good rule of thumb is that checks become stale six months after the check is written. (That can be true even if the check is printed with “void after 90 days” on it.)
Types of Checks That Can Go Stale
Most types of checks can go stale — personal checks, business checks, and government checks are examples of checks that can go stale.
Here are a couple of exceptions to the six-month “good for” policy:
• A check from the U.S. Treasury (such as a tax refund you might have received) are typically good for one year vs. six months.
• Certified checks do not go stale or expire, although they may be subject to escheatment laws.
• Traveler’s checks, while not so commonly used these days, usually don’t expire as long as the issuing bank is still in business.
Risks of Cashing a Stale-Dated Check
If you have a stale or outstanding check, there are a few risks to cashing it that you’ll want to be aware of.
• The first risk is that it is possible that your bank may not honor stale checks, especially those over six months old.
• The second risk is that the check may no longer be good. As noted above, the issuing bank may not cash the check. The account it’s issued against could be closed or may not have enough money in it to cash your check. This could lead to the check being returned and you possibly owing a bank fee.
It’s worth noting that a valuable option can be to go back to the person or business who issued the check, explain the situation, and request a new replacement check. Yes, it can take a bit of effort, but it may yield what you are looking for: a fresh check that you can cash.
Can Stale-Dated Checks Be Deposited?
It’s possible that a stale-dated check can be deposited at your bank, but whether the funds will be able to be transferred from the issuing bank to your account can depend on a number of different factors. Remember:
• Your bank has the option to refuse a stale check, so it’s wise to check with your financial institution first to find out its policy before you try to, say, mobile-deposit the check.
• The issuing bank may not be able to transfer the funds, as noted above. The account could have been closed in the interim, or it might have insufficient funds. You could wind up with a fee for the check being returned. Again, you might contact the bank (this time, the issuing one) to inquire whether the check can be deposited.
These steps can save you time, fees, and frustration when dealing with a stale check.
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How Business Owners Are Affected by Checks Going Stale
If you are a business owner who has written a check that has never been cashed, it doesn’t mean that the money reverts back to you. Instead, it is possible that the money now belongs to the state per escheatment laws.
Rather than just reversing the charge in your accounting software and keeping the money, you will need to work through your state’s unclaimed funds laws. Failure to do so may open you up to fines and/or legal trouble.
As a business owner, it can be a wise move to try to reach out to the recipient of an uncashed check before six months pass after the date issued. This could remind them to cash the check. (If you do this after six months have passed and they reply, you might work on a replacement check for them.) Following through in this way could save all involved from a challenging and time-consuming process to get the money to the intended recipient.
How to Avoid Stale-Dated Checks
The best way to avoid stale-dated checks is to cash your checks as soon as you receive them. Thankfully, mobile deposit and other technological advances have helped make depositing checks a quick and simple process.
If you do find an old check that was issued many months or years ago, it’s probably best to not just deposit it. Instead, contact the issuer to see if they might stop payment on the check you have in hand and issue a new check. Or you might reach out to your own bank and the bank that issued the check to hear their policies on stale checks. That can help you avoid having the check returned and your account debited a fee.
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The Takeaway
A stale-dated check (also known as a stale check) is one that is not cashed within a certain time frame after the check was written, typically six months. Banks, credit unions, and other financial institutions are not required to honor stale checks.
If you have a stale check, it’s best to contact the person or business that issued it, if possible, to see if they can provide a replacement. Failing that, check with your bank and the issuing bank to see what their policies are for stale checks. Otherwise, the check might be returned after you deposit it and a fee assessed.
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FAQ
How do you fix a stale-dated check?
If you have a stale check (one made out to you over six months ago), one option would be to contact the check’s issuer. They may be able to stop payment on the original check and reissue the check. If you’re not able to contact the original issuer or they are not willing to reissue the check, ask your bank and the issuing bank if the check can still be deposited. Some banks will honor stale checks up to a point.
What are a bank’s obligations with respect to stale checks?
Generally speaking, a bank is not required to accept or cash a stale-dated check that it receives. While the time period for when a check becomes stale can vary, six months is customary. However, different banks may have different rules or policies with regards to stale checks — it can be wise to check with your bank and the issuing bank before you try to deposit a stale check.
Is depositing stale-dated checks illegal?
With a stale-dated check (meaning one that was issued more than six months ago), generally it is not illegal to deposit it, as long as you are not doing so with fraudulent intent. However, banks may not cash a check that is stale-dated. If you have a stale check, you might contact the issuer for a replacement, or ask your bank and the issuing bank for guidance.
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