If you write a check and did not know that there were NSF and it is cashed at a check cashing place without verification is the check cashing place a holder in due course?

Answer 1

Yes.

Please understand it is irrelevant whether the check was verified by the check cashing place or not. Although it may be a risk management best practice, check cashing services (including banks) are simply not able to immediately verify funds every check that they cash. The determination of whether to cash the check is a complex matrix that the cashier or teller as well as the system they are using are well trained to apply.

If you write a check, you are making a contract saying, "I have X dollars in my account numbered 1234567890 at Drawee Bank and I want Drawee Bank to withdraw that money and give it to Payee." You must have already verified that X dollars are available to be given to Payee. If they are not, youmust find some other way to give Payee the money you have legally agreed to give him.

The check cashing place is owed money from the Payee because it is really the Payee's problem to track you down and receive reparations from your bad check. It cannot be the check cashing place's problem. They should seek the funds that they gave to the Payee expecting (as they should) that your check would be honored, before they discovered that it was not. You will need to make the appropriate arrangements to repair any damages this has caused to Payee, including the original amount you agreed to pay him.