I work for a county government. We process over 16,000 checks over about 2 months. I have an issue with some things we do. If someone writes a check out wrong, for example if he doesn't put the correct change in either the box or Written Out, we have to change it.
If someone writes in the box 285.00 but Written says eighty five 00/100 my boss will make us write it in ourselves.
I don't feel comfortable changing someone else's check. I just want to find out whether this is legal to do or not.
On a check, if the two amounts do not match, the written out amount should be considered correct. Section 3.114 of the Uniform Commercial Code states that:
If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.
So, you simply accept the check for the written out amount. DO NOT make changes to the document because that is fraudulent. If the amounts do not agree, you can't pick which one you want to use - you must use the written amount. If the written amount is incorrect, your only choice is to reject the check or accept it for the written amount (and bill for or refund the difference).
IANAL, I would seek legal advice from a legal professional. That being said. The proper way to handle someone miswriting information on a check is to reject the check and return it to the originator. Altering a check issued by someone else is a crime (potentially a felony, based on the sum of money involved), and you have every right to refuse to do it. I would STRONGLY suggest you document what's going on before saying anything though.
