A stale check is a check presented to a bank more than six months after its issue date. Under the Uniform Commercial Code, once that six-month mark passes, the bank is no longer required to pay it. The check isn’t automatically void, though. The bank can still choose to honor it, which is why the steps you take next matter whether you’re holding an old check or you wrote one that was never cashed.
The Six-Month Rule
UCC Section 4-404 says a bank has no obligation to pay a check drawn on a customer’s account if it’s presented more than six months after the date on its face.1Cornell Law School. Uniform Commercial Code 4-404 – Bank Not Obliged to Pay Check More Than Six Months Old The wording matters. The bank isn’t required to reject the check either. It has discretion, and if it pays in good faith, it can charge the drawer’s account for the amount. Six months shifts the check from “the bank must honor this” to “the bank can choose.”
This rule covers ordinary personal and business checks. Certified checks are explicitly excluded. Cashier’s checks, money orders, and government checks each follow different timelines.
What “Void After 90 Days” on a Check Really Means
Plenty of business and payroll checks arrive with pre-printed language like “void after 90 days” or “void after 180 days.” That notation reflects the issuer’s preference, not a legal deadline. The UCC gives banks discretion for six months, and many banks will honor a check up to that 180-day mark regardless of what’s printed on it. The printed expiration may prompt the bank to look more closely at the check or contact the issuer, but it doesn’t override the statute.
If you’re holding a check with a 90-day void notice and it’s been four months, don’t assume it’s worthless. Contact the issuer or try depositing it. The bank might process it. The further past any printed expiration you go, the less predictable the outcome becomes.
Cashier’s Checks, Money Orders, and Government Checks
Cashier’s Checks and Certified Checks
Certified checks are excluded from the UCC’s six-month rule because the bank has already guaranteed payment.1Cornell Law School. Uniform Commercial Code 4-404 – Bank Not Obliged to Pay Check More Than Six Months Old Cashier’s checks work similarly, since the bank itself is the drawer and the funds are already set aside. Neither goes stale the way a personal check does.
They aren’t open-ended forever, though. UCC Section 3-312 creates a claim process for cashier’s checks and certified checks that remain uncashed after 90 days, letting the purchaser recover the funds from the issuing bank.2Cornell Law School. Uniform Commercial Code 3-312 – Lost, Destroyed, or Stolen Cashier’s Check, Teller’s Check, or Certified Check State unclaimed property laws also apply after a dormancy period.
U.S. Postal Service Money Orders
Postal money orders do not expire.3USPS.com. Money Orders – The Basics You can cash one years after purchase. Replacing a lost one involves a processing fee and a waiting period, but the value doesn’t disappear with age. Money orders from private issuers can have different terms.
U.S. Treasury Checks
Federal government checks, including tax refunds and benefit payments, run on a tighter clock. Treasury checks become void one year after the issue date. The Treasury automatically cancels any check that hasn’t been negotiated within 12 months and returns the funds to the issuing agency.4eCFR. 31 CFR 240.5 – Limitations on Payment; Cancellation and Distribution of Proceeds of Checks You can request a replacement, but claims on Treasury checks are barred entirely if not filed within six years of the original issue date.5United States Code. 31 USC 3702 – Authority to Settle Claims If you find an old federal check in a drawer, don’t wait.
What a Bank Can Do With an Old Check
Banks handle stale checks differently based on internal policy. Some will process the item without hesitation if the account has funds. Others flag anything past six months and contact the account holder before deciding. The UCC gives the bank latitude either way: pay in good faith and charge the drawer’s account, or refuse the check.1Cornell Law School. Uniform Commercial Code 4-404 – Bank Not Obliged to Pay Check More Than Six Months Old
The “good faith” protection matters for issuers. If a bank pays a stale check and the drawer later objects, the bank is protected as long as it acted reasonably and had no notice the drawer wanted the check stopped. That’s why a stop payment order is the right tool for anyone who doesn’t want an old check clearing unexpectedly.
If You’re Holding a Stale Check
The cleanest move is to contact whoever wrote the check and ask for a replacement with a current date. A fresh check removes the ambiguity. The bank processes it normally and you avoid the risk of a returned deposit.
If a replacement isn’t an option, you can try depositing the original. The bank may accept it, especially if the amount is small and the drawer’s account has funds. There’s a real chance the check gets returned during clearing, though, and when that happens your bank may charge a returned deposit item fee. Fees vary by institution and can run $30 or more. On a small check, the fee alone can make the deposit a losing proposition.
One thing you should never do: change the date on the check. Under UCC Section 3-407, unauthorized alteration of a check discharges the obligation of the parties on the instrument and can constitute fraud.6Cornell Law School. Uniform Commercial Code 3-407 – Alteration No amount is worth a fraud problem over a date change.
If You Wrote a Stale Check
Reconcile your statements regularly so outstanding checks don’t slip out of view. An uncashed check is a liability on your books and a potential surprise withdrawal, because the bank can still choose to honor it in good faith months or years later.
Before you issue a replacement, place a stop payment order on the original. This keeps the old check from clearing after you’ve sent new funds. Under UCC Section 4-403, a written stop payment order lasts six months and can be renewed for additional six-month periods.7Cornell Law School. Uniform Commercial Code 4-403 – Customer’s Right to Stop Payment; Burden of Proof of Loss An oral stop payment order lasts only 14 calendar days unless you follow up with written confirmation. Banks typically charge $15 to $36 for a stop payment, though fees are sometimes lower online or waived for premium accounts.
Skip the stop payment and let both checks cash, and untangling the double payment is on you, not the bank. That’s where most people run into trouble, by assuming the old check is dead.
The Underlying Debt Doesn’t Disappear
A check going stale doesn’t erase what it was meant to pay. If you owe someone $500 and the check you sent was never cashed, you still owe $500. The check was a payment method, not the debt itself. The payee keeps the right to collect through other means.
Debts do have their own time limits. Most states impose a statute of limitations on debt collection, typically between three and six years depending on the type of debt and the state.8Consumer Financial Protection Bureau. Can Debt Collectors Collect a Debt That’s Several Years Old After that, a creditor can still ask for payment but generally can’t sue to force it. Be careful about making a partial payment on old debt. In many states, any payment or written acknowledgment restarts the statute of limitations clock.