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Refuse to Cash Check if Charged Off/Bankruptcy?

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Question: 
We have a charged off client who filed bankruptcy. Can we refuse to cash a check payable to them by one of our other clients?
Answer: 

Your contract is with the drawer, not the payee, of the check. If you refuse to cash the item the drawer can say your dishonor was "wrongful" and claim damages, if any damages were caused. If the drawer is simply curious then you're going to have a difficult explanation to offer as you may be telling them something about the payee they did not know.

Somewhat reluctantly, I will point out that the declaration of bankruptcy is a federally protected right. Your institution is attempting to punish the payee for exercising that right...

First published on 12/16/2013

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