If the transfer check is lost and has expired, is it reasonable for the drawer to request a statemen

Updated on society 2024-08-06
5 answers
  1. Anonymous users2024-02-15

    The formal way is not to be solved by publishing in the newspaper, you need to go to the bank to apply for loss report, and you also have to go to the court to report the loss and stop payment notice, in short, it is very troublesome.

    If the relationship between the two companies is not bad, this matter is also private, as long as there are no problems, nothing happens.

    Expiration is also not necessarily safe.

    It depends on how the date of that check is written, and if the date is not in order.

    Such as: two zero zero nine years of one month seven day.

    It can be completely rewritten as: 贰00九年壹拾壹月柒日 or 贰00九年壹拾月拾柒日.

    It's your two companies that are responsible for what happened. Therefore, it is still necessary to develop a good habit of standardizing the date of writing.

    Again, as long as there is no problem, there is nothing, and it is okay to be private.

    Honesty is still the way to do business, and if the other party re-writes a check to you, you should be grateful. In the future, even if you find the lost check, you should fax it to the other party with an invalid stamp. In the future, even if there is a problem and there is a duplicate accounting, the excess account must be returned to the other party through proper channels.

    A mistake may be an opportunity to test your friendship and integrity.

  2. Anonymous users2024-02-14

    If the cheque is lost, it will be declared invalid.

  3. Anonymous users2024-02-13

    No, you can just open one if you lose it, it's expired anyway. Your family can write a note to their family and put a stamp. No need to report, it's too exaggerated.

  4. Anonymous users2024-02-12

    1) If the drawer loses or steals a cheque that has been issued with complete contents that can be withdrawn directly from cash, etc., it shall issue an official letter or relevant certificate, fill in two copies of the application form for reporting loss (which can be replaced by a bill), affix the signature and seal of the reserved bank, and apply to the opening bank for loss reporting and stop payment. The bank ascertains that the cheque has not been paid, and accepts the loss report after charging a certain fee for reporting the loss, and indicates the cheque number and the date of the loss report in the account of the person reporting the loss with a red pen. (2) If the payee loses or steals the cheque that can be withdrawn directly in cash, etc., he shall also issue an official letter or relevant certificate, fill in two copies of the application form for reporting loss and stopping payment, and apply to the payee's bank for loss reporting and stop payment after being signed and sealed by the payer.

    The other relevant formalities are the same as above. At the same time, according to the third paragraph of Article 15 of the "Negotiable Instruments Law": "The person who loses the negotiable instrument shall, within three months after notifying the loss of the bill and stop payment, or after the loss of the negotiable instrument, apply to the people's court for publicity and reminder, or file a lawsuit with the people's court."

    That is, when the bill can be endorsed and transferred, the person waiting for the bill is stolen, lost or destroyed, must submit an application in writing to the basic people's court of the place where the instrument is paid (i.e., the place of payment). On the application submitted by the loser to the people's court, the main content of the bill such as the type of bill, the face value, the drawer, the payer, the endorser and other bills should be stated, and the circumstances of the loss of the bill should be explained, and relevant evidence should be presented to prove that he is indeed the holder of the lost bill, and has the right to apply. If the person who loses the bill has been paid by the payer in good faith before reporting the loss to the payer and stopping payment, or before the person who loses the bill applies for publicity and reminder, the person who loses the bill shall not apply for publicity and reminder, and the paying bank shall no longer bear the responsibility for payment.

    The loss caused to the right holder of the check shall be borne by the person who lost the check. According to the regulations, the issued transfer bill is lost or stolen, etc., because this kind of check can be directly waiting for the ticket to purchase goods, the bank does not accept the loss report, so the person who lost the check cannot apply to the bank to report the loss and stop payment. However, the beneficiary and its bank can be requested to assist in prevention.

    If the lost cheque exceeds the validity period or the payment has been made by the paying bank before the loss is reported, the person who lost the cheque shall be responsible for all the losses caused by the return of the cheque.

  5. Anonymous users2024-02-11

    It is necessary to follow the regulations, and it also depends on the bank's regulations, some banks do not require it, and it is best to register it for the sake of protecting their own interests.

    If a cheque is lost, according to Article 15 of the Negotiable Instruments Law, the following three ways can be taken to remedy it, namely, reporting the loss and stopping payment, publicizing and reminding you, and ordinary litigation. It is important to emphasize that the following conditions must be met regardless of the measures taken:

    One. There must be the fact of the loss of the instrument. That is, due to the loss, loss, theft and other reasons of the negotiable instrument, the negotiable instrument holder is removed from its possession of the negotiable instrument.

    Two. The person who loses the bill must be the real owner of the bill.

    Three. The forfeited instrument must be a valid instrument that has not been paid.

    After the cheque is reported lost, the bank concerned is responsible for stopping the payment of the cheque. If a bank pays a cheque that has been reported lost, the bank is liable for compensation. In accordance with the provisions of the People's Bank of China on the settlement of bills:

    Blank cheques with complete seals but no date, payee unit, purpose and amount cannot be reported as lost. ”

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