# What happens if a cheque expires?



## boe (12 Mar 2009)

I wrote a cheque last October which hasn't yet been cashed. Is it correct that cheques are only valid for 6 months?

What happens if the 6 months expires and they still have not cashed the cheque? Even though I would privide another cheque, I am wondering if I'm legally obliged to do so? I bank with AIB if that makes any difference.

Thanks


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## Caveat (12 Mar 2009)

boe said:


> I wrote a cheque last October which hasn't yet been cashed. Is it correct that cheques are only valid for 6 months?


 
Historically that has been the case - still is AFAIK. Known as a  "Stale cheque"



> What happens if the 6 months expires and they still have not cashed the cheque? Even though I would provide another cheque, I am wondering if I'm legally obliged to do so? I bank with AIB if that makes any difference.


 
Don't know, but my guess is that you are legally obliged to do so in the sense that you are obliged/expected to pay for the product/service.

By not issuing another cheque, or failing to provide an alternative method of payment, you would be simply not honouring a debt and could be pursued for this I'm sure?


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## boe (12 Mar 2009)

Thanks Caveat

It's a bit frustrating as I originally provided a deposit which was never cashed so when I went to collect the goods, they gave me the deposit cheque back and I gave them a cheque for the full amount.

Cheque is for 1500 so I have to have that in mind to ensure that it will clear if it is lodged, very annoying!


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## TarfHead (12 Mar 2009)

Though ..

I have had cheques hit my account more than 6 months after they were handed to the payee. My GP is particularly bad about lodging cheques.

AFAIK, cheques need to be eyeballed to see the date and that rarely happens, e.g. spot check, cheques over a certain value.

If the cheque is paid from your account, >6 months after being handed to the payee, then you could, maybe, get it returned. But, if you received value for that amount, why would you ?


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## boe (12 Mar 2009)

There is no question of not honouring the debt and I would re-issue a cheque if there was any issue. It was just a hypothetical.
Obviously the recession is not impacting everyone if they can afford to leave a cheque for €1,500 lying around for 6 months!


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## Mpsox (12 Mar 2009)

whilst a cheque is deemed to be "stale" after 6 months, it is banking practise and not enshrined anywhere in law. Therefore your bank is within their rights to debit you if the cheque is lodged but also to bounce the cheque( and possibly charge you a fee for that).

You've actually paid the debt, it's not your fault if they have not got around to lodging it, that's their problem. However in case they lost the cheque, I'd suggest that you contact them to see what the story is, and if they think they haven't received it and that you still owe them money, place a stop on the original and issue them with a new cheque. Whatever you do, do not issue a 2nd cheque without placing a stop on the original


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## boe (12 Mar 2009)

Mpsox said:


> whilst a cheque is deemed to be "stale" after 6 months, it is banking practise and not enshrined anywhere in law. Therefore your bank is within their rights to debit you if the cheque is lodged but also to bounce the cheque( and possibly charge you a fee for that).
> 
> You've actually paid the debt, it's not your fault if they have not got around to lodging it, that's their problem. However in case they lost the cheque, I'd suggest that you contact them to see what the story is, and if they think they haven't received it and that you still owe them money, place a stop on the original and issue them with a new cheque. Whatever you do, do not issue a 2nd cheque without placing a stop on the original


 
Will do, thanks for the advice.


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## jackbauer (14 Mar 2009)

dates on cheques mean sod all in practice. I had a cheque dated in February pay out in december!


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