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Reg CC Extend 7 Day Hold on Fraudulent Check

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Question: 
We have a check that we believe is fraud. We put a 7 day hold on the check and it is now the 7th day. We verified the check is fraudulent but has cleared the account. The issuing bank has not yet responded to us about this as they don't seem to worried about it. Is there a way to extend the hold?
Answer: 

In most states, if the check has been paid by the drawee bank, and the midnight deadline for return has passed, the drawee bank has missed its chance to return the check to you. But make sure that your bank isn't part of a check clearinghouse that has adopted "Rule 9" warranties that allow a paying bank to make a delayed claim against you (within a period of time after it made payment) based on the fraudulent check.

I'll skip the lecture about accepting a fraudulent check for deposit. Your bank may not have realized the check was a problem until after the deposit was taken and the check was on its way to the purported paying bank.

First published on 05/07/2017

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