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.

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1 Lawyer Answer
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
  • 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.

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