Is it legal to send a personal check (from a picture of the hand written original) as an image through an email attachment? Then do they just submit the actual size printed image to their bank? Then what do i do with the original?
53.1k 13 13 gold badges 135 135 silver badges 247 247 bronze badges asked Jul 2, 2015 at 11:39 temporary man temporary man 31 1 1 gold badge 1 1 silver badge 2 2 bronze badges Country is always needed if the question mentions legal. Commented Jul 2, 2015 at 11:59I think don't think you're asking what you mean. I doubt it's illegal merely to send an image of a check through email. The bigger question is whether it's illegal to attempt to cash a check that you print yourself from an image (and, if it's legal, whether it will work).
Commented Jul 2, 2015 at 16:11 Fixed the question title. Commented Jul 2, 2015 at 16:33 What would be the benefit over a wire transfer? Commented Aug 29, 2018 at 6:49Is it legal? Yes. Will it work? Probably not.
A check is an order by an account holder to their bank instructing the bank to pay a specified amount to a specified person (or to bearer). Features such as routing number, account number, or check number are conveniences that banks use to make negotiating the checks easier, but they are not legal requirements of the check. I can handwrite an order to pay John Smith one hundred dollars drawn from ABC Bank on a piece of blank paper and there is nothing illegal about it.
Just because it's legal does not mean the bank will accept it. They can refuse any check they deem questionable or possibly counterfeit. The bank will likely require a "normal" check with standard security features, such as magnetic ink and uniform size. My hand-scribbled note will likely not pass muster.
Likewise, your emailed-then-printed copy will also likely face heightened scrutiny. It is entirely within the discretion of the bank to accept it or not.
answered Jul 2, 2015 at 19:11 2,620 1 1 gold badge 17 17 silver badges 32 32 bronze badgesHttps://Checkbook.io is doing exactly this and it's honored by banks. But yes, technically bank can reject any check.
Commented Jul 6, 2017 at 1:33I haven't found definitive proof, but I have found evidence that (at least in the U.S.) it's perfectly ok to send an image of a check if both parties are aware that the check will be treated as if it were scanned and submitted electronically.
In the OP's case, the sender of the check is the one scanning the check instead of the recipient, that's the only difference from the "normal" practice for electronic checks. Once the check clears (I've seen 10-14 days as a recommended holding period) it's ok to destroy the original.
Me, I'd have no issue scanning a check and sending someone the scan for them to deposit via mobile phone, etc. Although it's a lot easier these days to simply pay by email (a lot of U.S. banks support P2P payments via email with no fees.)
answered Jul 2, 2015 at 18:48 24.3k 5 5 gold badges 68 68 silver badges 91 91 bronze badgesI recently had a friend who was sending me a cashier’s check send me photos of both sides before he mailed it. I used my bank’s mobile deposit app on my phone to take a picture of the front side photo from my iPad after covering the flash to eliminate glare. The backside was more challenging, as I endorsed the check by wrapping the iPad in saran wrap and writing over the endorsement space with a fine point permanent marker. My bank cleared the check the same day. My daughter pointed out that I could’ve simply marked it up with a signature. I did this afterwards as well, as an experiment, and would recommend taking a screenshot of the check image with an iPad, because it allows you to zoom in closer during markup and avoid a fat finger signature.
answered Aug 29, 2018 at 4:44 Kosh A. Magosh Kosh A. Magosh 11 1 1 bronze badgeYou might also want to read up on the Check Clearing for the 21st Century Act (Check 21) It was signed into law on October 28, 2003, and basically opened the door for electronically transmitting checks without requiring the transmission of the original paper version.
Check 21 is designed to foster innovation in the payments system and to enhance its efficiency by reducing some of the legal impediments to check truncation. The law facilitates check truncation by creating a new negotiable instrument called a substitute check, which permits banks to truncate original checks, to process check information electronically, and to deliver substitute checks to banks that want to continue receiving paper checks. A substitute check is the legal equivalent of the original check and includes all the information contained on the original check. The law does not require banks to accept checks in electronic form nor does it require banks to use the new authority granted by the Act to create substitute checks.
A lot of large retailers are already doing essentially the equivalent of what you asked. Be aware that there are requirements for substitute checks that you need to meet to do this. and the bank isn't required to accept it.