A business check is generally good for six months from the date written on its face. That rule comes from Section 4-404 of the Uniform Commercial Code, which says a bank has no obligation to pay a check presented more than six months after its date.1Cornell Law School. Uniform Commercial Code 4-404 – Bank Not Obliged to Pay Check More Than Six Months Old After that point the check is considered “stale-dated.” The bank can still choose to honor it, which is where things get complicated for the business that wrote it.
When the Six Months Start Running
The clock runs from the date printed on the check, not the date you received it or the date it was mailed. A check dated January 15 can be refused by any bank starting July 15. Both sides of the transaction get a predictable window, and the window belongs to the date on the paper.
A few things to know about that window:
- The six-month rule is a federal uniform standard adopted in some form by every state, so it applies to business checks nationwide.
- It covers ordinary business checks drawn on a company’s account. Certified checks, cashier’s checks, and government checks follow different rules, covered below.
- Nothing stops you from trying to deposit an older check. The bank just isn’t required to accept it.
Banks Can Still Pay a Stale Check
Six months is not a hard cutoff. UCC 4-404 uses permissive language: the bank “may charge its customer’s account for a payment made thereafter in good faith.”1Cornell Law School. Uniform Commercial Code 4-404 – Bank Not Obliged to Pay Check More Than Six Months Old A bank that believes the payment is legitimate and sees sufficient funds in the account can clear the check without checking in with the account holder first.
For the business that issued the check, this is the real risk. You wrote a check seven months ago. You assumed the money was effectively yours again. The bank can still debit the account, and if that debit causes an overdraft, the UCC gives you limited room to push back. Most deposit account agreements also reinforce the bank’s good-faith discretion.
How to Stop a Stale Check From Clearing
If you wrote a check that hasn’t been deposited and you don’t want it to clear, use a stop-payment order. UCC 4-403 lets you direct your bank to refuse payment on a specific check.2Legal Information Institute. Uniform Commercial Code 4-403 – Customer’s Right to Stop Payment; Burden of Proof of Loss
Two timing rules matter:
- A written stop-payment order stays in effect for six months and can be renewed in six-month increments.
- An oral stop-payment order expires after 14 calendar days unless you follow up in writing within that time.
Banks typically charge $20 to $35 for a stop-payment order, with fees varying by institution and account type. If the check still hasn’t surfaced when the order lapses, you’ll pay the fee again to renew.
Checks That Don’t Follow the Six-Month Rule
The six-month rule applies to ordinary checks. Several common instruments sit outside it.
Certified Checks
UCC 4-404 explicitly excludes certified checks from the stale-date rule.1Cornell Law School. Uniform Commercial Code 4-404 – Bank Not Obliged to Pay Check More Than Six Months Old When a bank certifies a check, it verifies the funds and sets the money aside, so no six-month expiration applies. The funds eventually fall under state unclaimed property law if the check is never cashed, but there’s no fixed expiration date on the certification itself.
Cashier’s Checks
A cashier’s check is drawn by the bank on its own funds. There’s no uniform expiration, though individual banks often treat them as stale after 90 to 180 days. UCC 3-411 gives the holder recourse if the bank wrongfully refuses to pay.3Legal Information Institute. Uniform Commercial Code 3-411 – Refusal to Pay Cashier’s Checks, Teller’s Checks, and Certified Checks If you’re holding an old cashier’s check, call the issuing bank directly.
U.S. Treasury Checks
Federal government checks follow a separate statute. Under 31 U.S.C. § 3328, the Treasury isn’t required to pay a check unless it’s deposited within 12 months of the issue date.4Office of the Law Revision Counsel. 31 U.S. Code 3328 – Paying Checks and Drafts Miss that window and you’ll need to contact the issuing federal agency for a replacement.
What “Void After 90 Days” Actually Means
Many business checks come pre-printed with phrases like “Void after 90 days” or “Valid for 180 days.” These are instructions from the issuing company, not legal expirations. Bank processing systems follow the UCC’s six-month standard, so most banks will still process the check within six months regardless of the printed warning.
The printed deadline is still worth respecting. It signals the issuer wants the payment cleared quickly, and a company that sees the deadline pass may place a stop-payment order or lose track of the funds. Deposit business checks promptly to avoid the back-and-forth.
Getting a Stale Check Reissued
If you’re holding an expired business check, contact the issuing company and ask for a replacement. The usual process looks like this:
- The business places a stop-payment order with its bank to block the original check, which runs about $20 to $35 and lasts six months.2Legal Information Institute. Uniform Commercial Code 4-403 – Customer’s Right to Stop Payment; Burden of Proof of Loss
- The company voids the original check in its accounting system and updates its ledger.
- A replacement check is issued for the same amount, starting a fresh six-month window.
Keep a copy of the expired check when you reach out. The check number and date help the company find the transaction. If the funds have already been turned over to the state as unclaimed property, you’ll file a claim through your state’s unclaimed property office instead of getting a new check from the company.
Taxes Don’t Wait for the Check to Clear
An uncashed check still has tax consequences on both sides.
For the recipient, the constructive receipt doctrine controls. IRS regulations treat income as received when it is “credited to [the taxpayer’s] account, set apart for him, or otherwise made available so that he may draw upon it at any time.”5eCFR. 26 CFR 1.451-2 – Constructive Receipt of Income A check you receive in December counts as December income even if you deposit it in January. Sitting on a check doesn’t push the income into the next tax year.
For the issuer, timing rules under 26 U.S.C. § 451 govern when income is included.6Office of the Law Revision Counsel. 26 U.S. Code 451 – General Rule for Taxable Year of Inclusion Reporting obligations also apply. If you paid an independent contractor $600 or more during the year, you report that amount on Form 1099-NEC whether or not the contractor ever cashed the check.7IRS.gov. Instructions for Forms 1099-MISC and 1099-NEC The payment date is the date you issued the check.
Where Uncashed Business Checks End Up
Funds behind an uncashed check don’t stay in the issuer’s account indefinitely. Every state has unclaimed property laws, often called escheatment laws, that require businesses to turn dormant funds over to the state treasury. Dormancy periods generally run from one to five years depending on the state and the type of payment, with payroll checks often on shorter timelines than general business checks.
Before surrendering the funds, the business usually has to make a good-faith effort to reach the payee, typically by written notice to the last known address. If there’s no response in the required window, the funds are reported and remitted to the state. States maintain searchable databases, and the original payee can usually file a claim at any time to recover the money.