Is it legal to deposit a check that was written 1 year ago?
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Is it legal to deposit a check that was written 1 year ago?
I wrote a check to landlord for rent but then had financial problems. She agreed to hold and not run it through the bank while I made payments (which I have been). I just received my bank statement and she deposited it even though I had already paid to her more than half of the amount owed. No notice was given that she intended to do this. Legal or not?
Asked on December 13, 2011 under Real Estate Law, Missouri
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is not illegal per se for one to depost a check that was written more than a year ago. I am somewhat suprised that the bank negotiated the check in that custom and practice in the banking industry in this country is that banks typically do not negotiate a check more than 6 months old.
From what you have written, your landlord may have breached a written agreement with you by depositing the check given her long ago to hold while you made payments for back rent. Assuming you are now paid up on the rent owed or have paid more than what was owed, you should be able to make monthly payments less than the typical rent you pay until the credit you have is used up.
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