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Can a licensee hold a customer's check beyond the maturity due date and contact the customer requesting cash to pay off the deferred presentment transaction?
A customer is permitted to redeem a check by paying cash or its equivalent to the licensee before the maturity date. After receiving such a payment, the licensee is obligated to return the check to the drawer. However, if the customer does not redeem the check before the maturity date, the check must be presented for payment unless the licensee extends the deferred presentment service agreement under Section 35(1) of the Deferred Presentment Service Transactions Act. However, both parties would have to agree to extend the deferred present service agreement. In no circumstances can the agreement be extended beyond 31 days.