Time Frame to Return Check Missing Endorsem*nt (2024)

Question:

What is the time frame to return a check for missing endorsem*nt?

Answer:

John Burnett: First, you should consider your reasons for doing so. The fact that the payee's endorsem*nt is missing doesn't affect your customer, the issuer of the check. The depositary bank has warranted to you and your depositor that the depositary bank's customer received credit or cash for the check. If the payee claims non receipt or that the check was not credited to the payee's account, the payee can start the ball rolling on a claim against the depositary bank's warranty (in addition to its presentment and transfer warranties). So there's usually no real purpose for returning a check for missing endorsem*nt.

That said, you can return a check for missing endorsem*nt within your bank's midnight deadline. After that, you will need the appropriate affidavit and you'll send the check directly in a claim without entry against the warranties. In most states, such a claim must be made within three years.

Answer:

Ken Golliher: John's analysis is spot on; the midnight deadline would apply as your bank could have detected the missing endorsem*nt on the day the item was presented. Regardless, both you and your customer have the bank of first deposit's guarantee that the payee either received the funds or they were deposited into the payee's account.

There is something missing from the facts you have offered; i.e. why it is that you actually want to return it? Presumably, it's at the customer's request, but that does not necessarily mean you must act on that request.

Answer:

John Burnett: As Ken points out, a customer's request for an endorsem*nt doesn't necessarily require that you return the check to obtain that endorsem*nt. There are, however, instances in which a payee endorsem*nt might be required. One example might be a check representing a distribution from an annuity or retirement plan which carries a legend on the reverse indicating that the payee's endorsem*nt on or after the date of the check is required (clearly an attempt to verify the payee is alive). In such cases, there may be a contractual requirement between you and the check issuer that would call for the return of an unendorsed check.

First published on 02/10/2014

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Time Frame to Return Check Missing Endorsem*nt (2024)

FAQs

Time Frame to Return Check Missing Endorsem*nt? ›

That said, you can return a check for missing endorsem*nt within your bank's midnight deadline. After that, you will need the appropriate affidavit and you'll send the check directly in a claim without entry against the warranties. In most states, such a claim must be made within three years.

Can a check be returned for missing endorsem*nt? ›

If the payee of a check you have written fails to endorse a deposited check, that check may be returned to you. By returning an unendorsed check, the Bank is protecting you against the negotiation of a stolen check.

How long does the bank have to return a check? ›

Personal, business, and payroll checks are good for 6 months (180 days). Some businesses have “void after 90 days” pre-printed on their checks. Most banks will honor those checks for up to 180 days and the pre-printed language is meant to encourage people to deposit or cash a check sooner than later.

Who is responsible for missing endorsem*nt on a check? ›

Endorsem*nt Missing - Endorsem*nt - If a check or check draft is returned due to endorsem*nt missing, this is because the depositor, not the account holder that issued the check, did not endorse the item. An endorsem*nt is a signature or stamp that goes on the back of the check.

What is the regulation for returning checks? ›

To decrease the risk to a depositary bank that a check will be returned after funds have been made available for withdrawal, Regulation CC requires "expeditious" return of checks. A paying bank returns a check expeditiously if it returns the check to the depositary bank within two business days of presentment.

What happens if the back of a check is not endorsed? ›

Some banks will accept a check with no endorsem*nt. There might be a dollar amount limit to this service or a hold on the funds for longer than normal, but some banks will do it. You'll need to verify your identity when you deposit the check.

What to do if you make a mistake endorsing a check? ›

If you mess up – like making a spelling mistake – don't worry. Cross out the mistake, then add your initials. Try to make a clear line through the mistake, instead of scribbling it out. Once you've done this, you can endorse the check like normal.

Can a bank refuse to give a check back? ›

not give me back my checks? No federal consumer protection law requires your bank to return your original check. Many banks destroy original paper checks after putting them into electronic form, often to save the expenses of storing or mailing paper checks.

Can a bank take back a deposited check? ›

Yes. The bank or credit union can take the money back if the check you deposited was fraudulent, even if it made the money available to you and you withdrew the funds. If taking the money back makes your account overdrawn, you should contact your bank or credit union to learn about how to fix the situation.

Will a bank retry a returned check? ›

Generally, a bank may attempt to deposit the check two or three times when there are insufficient funds in your account. However, there are no laws that determine how many times a check may be resubmitted, and there is no guarantee that the check will be resubmitted at all.

What does it mean when an endorsem*nt is missing? ›

Endorsem*nt Missing – Endorsem*nt – If a check or check draft is returned due to endorsem*nt missing, this is because the depositor, not the account holder that issued the check, did not endorse the item. An endorsem*nt is a signature or stamp that goes on the back of the check.

What happens if a check is lost after it has been endorsed by a blank endorsem*nt? ›

Blank endorsem*nts are much riskier than pay-to endorsem*nts. If the instrument is lost or stolen, it can be cashed or deposited by the finder.

What is the absence of endorsem*nt? ›

Absence of endorsem*nt guaranteed. A financial organization using this form of endorsem*nt shall be deemed to guarantee to all subsequent endorsers and to the Postal Service that it is acting as an attorney in fact for the payee or payees, under his or their authorization.

What is a late return check? ›

Late Return Claim (LC) - Used by the Depository institution to request a credit entry regarding their allegation that an item, in the amount of $100.00 or greater, was returned to them late by the Drawee bank. If you discover an LC, submit an adjustment request to the Federal Reserve.

What is the $225 rule? ›

Generally, a bank must make the first $225 from the deposit available—for either cash withdrawal or check writing purposes—at the start of the next business day after the banking day that the deposit is made. The rest of the deposit should generally be available on the second business day.

What is the penalty for return check? ›

A returned payment fee is a one-time penalty charged by a bank when a customer bounces a check. The bank sends the customer a message indicating that a check has been returned unpaid "due to non-sufficient funds" in the account. Depending on the bank, this fee can be between $25 and $40 for each bad check.

Can a lost check with a blank endorsem*nt on it be cashed? ›

A Blank Endorsem*nt is - an endorsem*nt consisting only of the endorser's signature. * If the blank endorsed check is lost or stolen, the check can be cashed by anyone who has it, so only use it when it is ready to be directly cashed or deposited into the bank. SPECIAL ENDORsem*nT.

What happens if you dont endorse a check and deposit it? ›

If you're receiving instead of writing the check, you may, in many cases, get away with depositing it without a signature if the check was made payable to you. However, it is safest to sign the check. Without a signature, the check might be sent back to the issuer, resulting in fees and delays in getting your money.

Can a check with a blank endorsem*nt be cashed by anyone? ›

There are three distinct types of check endorsem*nts: Blank endorsem*nt: This type of endorsem*nt is done when the check writer simply signs the back of the check on the endorsem*nt line. Once the check is signed, it can be cashed into any account, by any person.

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