Double Deposited Checks, e- and Paper

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Question:

We have a customer who pays a company, that company processed the check as ACH and days later deposits the actual check. In this case are we able to return the actual check that cleared secondarily as duplicate item within the 45 or 60 days from statement date?

Answer:

You cannot make an ordinary return of that check after your midnight deadline. But your customer has a valid claim for reimbursement from your bank for the payment of the actual check, since it was no longer properly payable when presented. As a holder in due course of the check once you have reimbursed your customer, you may make a claim directly to the depositary bank on the basis of having paid that bank twice for the same item (the check and its image). The depositary bank should charge its loss back to its customer, who fraudulent or innocently deposited the item twice.