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HomeCommercial CodeDiv. 4Ch. 4§ 4404 Stale Check Payment Rules

§ 4404 Stale Check Payment Rules

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4404 Stale Check Payment Rules

Key Takeaways

  • •Banks don't have to pay a check if it's more than 6 months old (except certified checks).
  • •If the bank pays an old check by mistake, they can take the money back from your account.
  • •This rule is to protect banks from paying really old checks.

Example

You write a check to your friend on January 1st but they forget to cash it. In August, they find it and try to cash it.

The bank can say no because it's been more than 6 months. If they pay it by mistake, they can take that money back from your account.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4404 Stale Check Payment Rules

A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer’s account for a payment made thereafter in good faith. (Amended by Stats. 1992, Ch. 914, Sec. 43. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

certified checkgood faith

Related Statutes

  • § 3403 Unauthorized Signature Effectiveness
  • § 3404 Impostor-Induced Instrument Endorsement
  • § 3406 Negligence In Instrument Forgery
  • § 3411 Bank Check Payment Liability
  • § 3418 Recovery For Mistaken Payment

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 4404.
View Official Source