January 26, 2004, 16:31John Dodson
Another Hot Check Question
Check written 9/21/2002. Presented for payment for first time on 10/20/2003. A year and one month later. Account was closed prior to the time check was presented. I know that a bank is not obligated to pay a check, other than a certified check, that is presented more than six months after its date. Merchant has presented to my office for collection. Can I still colect on it? Any thoughts would help. Thanks.
January 26, 2004, 18:09Martin Peterson
The payee accepted the check upon the implied promise that it would be honored by the drawee bank upon timely
presentation. I have a hard time under your facts in saying the maker did not intend to perform at the time of the promise. Ultimately, I guess it depends on the person's intent at the time the account was closed (something I doubt you could ever prove). But, if the account had sufficient funds at the time the check was passed and for a reasonable time thereafter it seems to me the payee had to recognize the promise that the check was good had some time limit. Maybe the maker should have called and said, "hey if you still want your money go ahead and cash my check because otherwise I am closing my account," but the failure to make that call seems to be what you are trying criminalize at this point. Sounds to me like there was probably some kind of agreement that the check would be "held" too (which converts the transaction to an extension of credit).
January 27, 2004, 16:39John Dodson
Thanks, Martin. I appreciate you taking the time to help out.