Legal Question in Banking Law in California

Is a bank obligated to cash a check written against one of its accounts?

An associate of mine was written a check against a particular bank (who shall remain nameless in this question). The bank in question is refusing to cash the check on the basis that the MICR toner at the bottom of the check cannot be read mechanically.

Is this legal? I thought his check was a negotiable instrument that they, through agreement with their client (who wrote the check) are bound to cash when presented with proper identification (in this case a driver's license and a passport).


Asked on 1/03/08, 3:51 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Is a bank obligated to cash a check written against one of its accounts?

It sounds to me like the bank is questioning the authenticity of the check. He could try getting a new check issued or trying to deposit it in his own bank and see if that works.

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Answered on 1/03/08, 6:07 pm


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