Seattle, WA asked in Banking for Washington

Q: How can I claim a cashiers check that was lost? Sent to Ohio w/o my knowledge.I have a photo copy of the check/receipt.

I sent to Ohio all documents/check needed as proof of my ownership unfortunately they said there’s no check upon receipt. After 4 months of them receiving the application.

purchased the check from my bank JP Morgan Chase.

Please help me.

Related Topics:
1 Lawyer Answer
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
Answered
  • Business Law Lawyer
  • Miami, FL

A: The facts are not too clear as you say that a check was sent to Ohio without your knowledge. Were you the purchaser of the check or was it made payable to you? Was the recipient in Ohio the payee on the check? You also state that you sent the documents/check to Ohio... where you in possession of the check?

Loosing a cashier's check is a common occurrence and every state has a statutory procedure that must be followed in order for you to make a claim if you are the purchaser or the payee on the cashier's check. Customarily the claim cannot be honored by the issuing bank within the first 90 days from the check's issuance date. This is so because the cashier's check is treated as "cash" for many business transactions. For this reason, a cashier's check basically must be honored by the issuing bank and can not be subject to any defenses within the first 90 days from its issuance. After 90 days cashier's checks are treated as regular checks and are subject to defenses to its payment, including stop payment orders. You must make a written claim with your bank for the lost check. Your bank will probably have a standard "Declaration of Loss" form that you must fill-out and sign under penalty of perjury to the effect that (i) you lost possession of a check, (ii) you are the remitter ( you purchased the check) or payee of the check, (iii) the loss of possession was not the result of a transfer by you or a lawful seizure, and (iv) the you cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found.

If the check was not presented for payment to your bank, and paid within the first 90 days, your bank should honor your claim as long as you are the purchaser of the cashier's check or its payee.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.