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Subject:
ck issued in Feb 2004 but not presented to bank March 2006 - liability
Category: Business and Money Asked by: nathan2006-ga List Price: $20.00 |
Posted:
28 Mar 2006 00:51 PST
Expires: 27 Apr 2006 01:51 PDT Question ID: 712695 |
Had car repaired in Feb 2004, issued check for service, ck run through telecheck at that time & ck was good. account was not balanced or regularly monitored. Rec'd call in Feb 2006 saying ck not processed; couldn't find records & asked for copy since didn't even have ck #; instead of ck copy, rec'd cert ltr demanding payment; wrote again asking for ck info; rec'd by reg mail 3/20 & learned shop had deposited ck in interim & ck ret'd 3/6/2006 marked sufficient funds; now they've filed suit; are there any options for me? |
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There is no answer at this time. |
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Subject:
Re: ck issued in Feb 2004 but not presented to bank March 2006 - liability
From: probonopublico-ga on 28 Mar 2006 02:43 PST |
It might depend on where you live but, as I see it, no. Signing and presenting the cheque provides compelling evidence of your acknowledgment of the debt. So, in my view, you have no alternative but to pay up. |
Subject:
Re: ck issued in Feb 2004 but not presented to bank March 2006 - liability
From: uncamike-ga on 30 Mar 2006 04:35 PST |
You say check was marked sufficient funds. That would mean they cashed it and got there money. Unless this is a typo. If they got your money I would shoot them a copy of the check (your bank should have it on file). They will see they are in the wrong and back off there claim. Also get a copy of it yourself so if you have to go to small claims court you can show it to the judge and be case closed. If you meant to say insufficient funds in your post then you would still liable for money owed. There would be no time limit on when they can cash the check unless stated in the contract or on the check. And that would still be questionable. |
Subject:
Re: ck issued in Feb 2004 but not presented to bank March 2006 - liability
From: probonopublico-ga on 30 Mar 2006 05:19 PST |
Sorry, uncamike-ga, but if the cheque was returned to the presenter then it would have been marked 'insufficient funds'. I'm sure that this was a typo in the Question. Right Nathan? |
Subject:
Re: ck issued in Feb 2004 but not presented to bank March 2006 - liability
From: myoarin-ga on 30 Mar 2006 17:51 PST |
Nathan2006-ga, Your telegraphic style leaves a couple of questions open. Did you receive a call from the repair company? Did it then subsequently try to deposit the check - two years after it had been issued? marked "sufficient" or insufficient funds? A two years old check could have been returned for being "stale dated", despite there being funds on the account. If it had been presented and returned due to insufficient funds, your bank would have debited the account with a service charge. Depending on the state where this occurred, the "statute of limitation" might apply, but probably not, since the shop has filed a suit. But all that is, I feel, rather immaterial. You had your car repaired, wanted to pay for it at the time, and now have had two years delay on actually having to do so. If they have a case, fighting it will cost you even more. I would suggest negotiating with them immediately to pay the bill and have them withdraw the suit. But please note from the disclaimer below - this is no legal or professional advice, though I hope someone with professional experience can give you a clear answer. Regards, Myoarin |
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