New York

Re: Hard lesson to learn-Bad client! To Original Poster...
Sheik007 4 Reviews 4554 reads
posted

Are you aware that a stop payment is not permanent? The account holder MUST renew the stop payment after a specific amount of time. If the account holder does not renew the stop payment and the check is deposited after the expiration date, the bank will pay the check as long as funds are available.

Here is what you should do:
1. Call his bank and ask them what their stop payment policy is. I would not tell them an account holder stopped a payment on a check he gave you, just ask them what their policy is.
2. Ask his bank how long a check is valid. Meaning most banks will not accept checks after one year from the date of the check.

You may want to try going to the banks website first to see if their policy is online. By all means, if you speak with his bank, do not give them his name or account number. The last thing you want is for his bank to phone him and tip him off that you are aware the stop payment will expire.

Most banks policies for stop payment periods are as follows:
1. Stop payments are valid for 6 months from the reporting date. After that time the stop payment must be renewed.
2. Checks deposited after one year from the date written are not honored.

Check with the bank. Be patient. I know you will have a window of opportunity to re-deposit the check. Even if it's six months from now, be patient and mark a reminder to re-deposit the check depending on the information you receive from his bank. I can just see the look on his face now six months from now if that check clears... Patience my dear... If it doesn’t clear, then you have a NSF to deal with.

If you need help finding out his banks policies, drop me a note and give me his bank name. No need for account info. I will check it out for you.

Here is the policy for Citibank:

Click on the link, scroll down to page 28

"Checks with Stale Dates: We have the right to pay a check even though the date on it is more than 6 months old. To make sure a check will not be paid, you should place a Stop Payment Order on it.

Stop Payment Orders: Any signer on the account can instruct us to stop payment on a check that has not been paid.

You can issue a stop payment order by using Citibank Online or calling CitiPhone Banking®. Payment cannot be stopped on a check that has already been paid or that is in the process of being paid. At the time that you place a stop payment order, we may not be able to tell you whether the check has been paid or is in the process of being paid. We will confirm receipt of your order in writing, and you should advise us immediately of any changes or corrections. A stop payment order will stay in effect for 6 months, unless you instruct us to cancel it or to renew it, provided we have not already returned the check. The order may be renewed for additional six-month periods.

You’ll need to provide your account number, the check number and amount, and the date the check was written. If this information is not exactly correct, the stop payment may not be effective.

We may pay the check when the stop payment order expires. Under certain circumstances, the law may allow the party in possession of the check to enforce payment, despite the stop payment order.” ….. end…

This will all work out in time. This moron won't be smart enough to renew the stop payment. Good luck!

Why would a provider want a customer to know her real bank account 411 (its on the cancelled check)

My original advice stands: drop it and learn from it.

Not only does the provider have personal information on him such as real name, address, etc., but when the check is cashed the writer will have personal information on the provider, such as real name, etc.  Leaves one hell of a paper trail for both.

Good information on the stop-payment policy, but if he didn't know and reads this board, then he knows now.  Still good information.

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