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Can a payee cash my 3 year old check ? It was a supposed "lost" check and another check had been issued as replacement.

Payee received replacement # 104 for " lost #103" check. Now ,3 years later, Payee cashed "lost "check . Caused my bank account to be overdrawn. When I wrote the replacement check #104 for the "lost" check I even had added the note "to replace check #103" Also 3 years ago I had placed a stop payment on #103 but now find its only good for 6 months. Shouldn't the Payee's bank not cashed a 3 year old check?

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Attorney answers (1)

Reputation Level 16
Is it possible that the payee forgot after 3 years that this was a check that was replaced? Did you call her and tell her? Did she repay the amount? I would be sure first that it was not a mistake. If it was intentional, then you can call the police and report this as fraud. Demand that she pay the overdraw charges too.

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