What do I do with my paycheck? Afraid of them taking more money.

Discussion in 'Credit Talk' started by emmerin, Jul 29, 2008.

  1. flacorps

    flacorps Well-Known Member

    As I posted above, the problem with that is that banks are increasingly making that approach inconvenient, and some even refuse to cash checks drawn on them.

    I had been under the impression that if you walk into a bank with a check drawn on that bank it sort of vitiates the notion of what a check is if that bank refuses to hand you face value in cash; however it appears from doing quite a bit of reading that my opinion was actually wrong and the only thing the bank is obligated to do is to see that funds are transferred in the ordinary course of business (bank to bank) and that they have no obligation to the stranger who walks into the lobby with a check (although historically and customarily they have honored checks presented in that manner ... up until recently).

    YMMV ... perhaps there are a number of states that have been resistant to seeing such consumer-friendly policies go the way of the dodo. But lobbying by the big boys creates a race to the bottom, and the "good eggs" are fewer and farther in between.
     
  2. jjgross

    jjgross Well-Known Member

    That's why the small local bank is becoming more popular,not always they usually don't invest in bad business,generally speaking.unlike big banks they don't make risky investments and their bottom line is much better.In otherwords they don't invest in chestnut's doing a drought,
     
  3. gpatrick

    gpatrick Member

    Some reasons they may not take your check at that time.
    Account Overdrawn
    Account frozen (Court order)
    Computer down (That happens a lot)
    The Check you have is fraudulent
    The Check you have has a stop payment order.
    Your ID is fraudulent

    Myself, if I was the person writing the check and they refused to cash it for a person, I would tell the bank bye bye. How else would a person get paid? Not all businesses can afford direct deposits or similar services. Hold time for checks can also take a long time.

    Wal-mart is not reliable because they use Certgey. I heard some people have not been able to get the payroll check cashed because of them.


    This might apply.

    Banks follow the Uniform Commercial Code (UCC) when it comes to paying checks. There can be slight variances and they may call it something other than the UCC, but generally when a check is properly payable, if they refuse it this could be deemed wrongful dishonor. The check should be paid if the account holder or an authorized signer has signed the check, there is no evidence of any alterations from the original order of payment, and sufficient funds are in the account to pay the amount intended.

    If there are questions about the check or it is not actually drawn on that bank, there is no requirement that it be cashed. Sometimes the bank name may be common, such as "First National Bank" and the banks could be different. If this is not the case, ask the bank directly why they won't cash it. If there are any complaints to be made though, the account owner would be the one who would have to do that. The non-customer has no relationship and no right to claim a wrongful dishonor. If you want to reference this further with your banker, ask them to review Section 4-402 of the UCC.

    I am suprise the OCC is not aware of this.
     

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