Current through Public Act 166 of the 2024 Legislative Session
Section 567.226 - Outstanding checks, drafts, or similar instruments(1) Except as otherwise provided in section 17a, any sum payable on a check, draft, or similar instrument, except those subject to section 5, on which a banking or financial organization is directly liable, including a cashier's check and a certified check, which is outstanding for more than 3 years after it was payable or after its issuance if payable on demand, is presumed abandoned, unless the owner, within 3 years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization.(2) A holder may not deduct from the amount of any instrument subject to this section any charge imposed by reason of the failure to present the instrument for payment unless there is an enforceable written contract between the holder and the owner of the instrument under which the holder may impose a charge, and the holder regularly imposes such charges and does not regularly reverse or otherwise cancel them.Amended by 2024, Act 101,s 2, eff. 7/23/2024, and applicable to property that is presumed abandoned and subject to this state's custody as unclaimed property on or after 7/23/2024.Amended by 2010, Act 197,s 3, eff. 10/5/2010.1995, Act 29, Eff. 3/28/1996.2010, Act 197, Enacting section 1, states, "This amendatory act applies to property presumed abandoned and subject to the state's custody as unclaimed property under this act reportable to the state for any period ending after June 30, 2010."