What to Do if a Check Expires: Your Next Steps

Checks are a widely used payment method for personal and business transactions. While convenient, checks are subject to expiration, which can lead to complications for both the recipient and the issuer. Understanding the implications of an expired check is important for managing finances effectively.

Understanding Check Expiration

Check expiration, often called “stale-dated,” means a bank is generally not obligated to honor a check after a certain period. For most personal and business checks, this period is typically six months or 180 days from the date printed. This timeframe is based on the Uniform Commercial Code (UCC), though banks are not strictly forbidden from cashing older checks.

Expiration affects the bank’s obligation to process payment, not the underlying debt; the funds are still owed. While a bank may honor a stale check, they are not required to and can reject it without consulting the issuer. Attempting to deposit or cash a stale check can lead to it being returned, potentially incurring fees. Some official checks, such as U.S. Treasury checks, have a longer validity, typically one year.

Steps for the Check Recipient

If you have an expired check, first contact the issuer. This confirms the payment’s validity and allows you to request a new check. The issuer can verify if the original payment was intended and if funds are still available.

While a bank might accept an expired check, depositing it without prior communication carries risks. If the check is returned, you may face fees. It is always advisable to clarify the situation with the issuer before attempting to deposit an old check.

Requesting a new check from the issuer is often the most straightforward solution. Provide details like the check number, date, and amount. The issuer may require confirmation that the original check was not cashed, or a signed statement acknowledging its loss or destruction, before issuing a replacement.

If the issuer cannot be reached or is unwilling to issue a new check, the funds may eventually be considered unclaimed property. State laws, often called escheatment laws, dictate how long a company can hold uncashed funds before remitting them to the state. You can search state unclaimed property databases, typically managed by state treasuries or controllers’ offices, to see if the funds have been turned over for safekeeping. These online search tools are usually free and can help you reclaim funds that rightfully belong to you.

Actions for the Check Issuer

When a check you have issued remains uncashed, the funds generally stay in your bank account. Your account balance may appear higher than it is, as these funds are earmarked for a payment that has not yet cleared. It is important to track these outstanding checks to maintain accurate financial records.

If a recipient contacts you about an expired check, reissuing a new one is common. Before reissuing, verify the original check has not been cashed, typically through your bank’s online portal or direct contact. If outstanding, consider placing a stop payment order to prevent it from being cashed. A stop payment typically costs around $30, remains active for about six months, and can often be renewed.

Issuers have legal obligations regarding uncashed funds under state unclaimed property laws. If a check remains uncashed after a specific period, known as the dormancy period, the funds must be reported and remitted to the state. Dormancy periods for uncashed checks commonly range from one to five years. Before remitting funds, businesses are generally required to perform “due diligence,” attempting to contact the owner at their last known address, usually via mailed notice. Non-compliance can result in penalties and interest charges.