Is it legal to deposit a check that was written 1 year ago?

UPDATED: Dec 13, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 13, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption