I'm using the final option - keeping enough there to cover the check.

His story is that he has no plans to cash the check, but he didn't know
where the check is anymore. *sigh*


On Tue, Apr 9, 2024 at 10:07 PM Adrien Monteleone <
adrien.montele...@lusfiber.net> wrote:

> You 'paid' when you 'tendered' the payment. (tender isn't just an offer
> of payment, but includes acceptance/receipt, which has happened in this
> case. It does not include cashing/depositing or otherwise processing a
> negotiable instrument that was tendered as payment.)
>
> How you handle the uncleared check would depend on the amount of the
> check, the amount of the stop payment fee, the amount of an overdraft
> fee, and your propensity to skirt a zero balance in the account.
>
> If you *never* get within the amount of the outstanding check as your
> bank balance, you could likely just add it back.
>
> If you routinely skirt zero, (or within zero and the value of the check)
> then I'd weigh the stop-payment fee vs. the overdraft fee. But keep in
> mind, the stop-payment is only one time. The overdraft would be each and
> every time.
>
> Finally, you can just keep it on your books as-is, always leaving a
> cushion to avoid overdrafts. When you die, the account will be closed
> and the funds returned to your heirs. The check could not be honored at
> that point. (hopefully - better to get legal advice on that one!)
>
>
> Regards,
> Adrien
>
> On 4/9/24 11:50 AM, R Losey wrote:
> > Legally, are you saying that if I write a check for $50 and send it to my
> > uncle, it's "paid" whether or not he ever cashes it?
> >
> > As as aside, I am actually in this situation; I sent e check many years
> ago
> > to someone who has never cashed it; when I asked about it, the person
> told
> > me that they had no intention of cashing the check, but also couldn't
> find
> > it to return it, so I've been carrying that check now for years. Sadly,
> the
> > cost of issuing a "stop check" is not worth it, and the bank says it will
> > honor a check, no matter how old, so I don't see any way out of this.
>
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-- 
_________________________________
Richard Losey
rlo...@gmail.com
Micah 6:8
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