Anything can be done about 'stale' check?

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kombat
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Re: Anything can be done about 'stale' check?

Postby kombat » Wed Apr 04, 2012 6:49 am

DoingHomework wrote:It really is no different than if they paid cash and you lost it.


You keep saying that, but it is different.

If the company paid you cash and you lost it, the company no longer has the money. The money left their account. If they had $1,003,500 before they paid you, now they have $1,000,000.

In the OP's case, they paid him with a cheque he never cashed. So after they "paid" him, they still had $1,003,500 in their account. Now, months/years later, they still have the $3,500.

You keep saying "it's not different," but clearly, it's exactly $3,500 different.

DoingHomework
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Re: Anything can be done about 'stale' check?

Postby DoingHomework » Wed Apr 04, 2012 6:58 am

Let's say they write him another check and he loses that. Then another and it falls in the fire. Then his dog eats it. Do they have to keep writing checks?

No. They gave him a valid payment with conditions attached (cash it by XX/XX/20XX). He accepted it. Now he doesn't like the conditions because he didn't do his part.

Look, I am sympathetic to the problem and I see no reason not to ask for a new check, it's what I would do. But I don't think he has much of a legal leg to stand on, even if the details are different from having received cash.

partgypsy1
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Re: Anything can be done about 'stale' check?

Postby partgypsy1 » Wed Apr 04, 2012 12:01 pm

I hope the poster does not listen to Doinghomework and contacts the company so a new check can be re-issued. What if he never received the check, which was extremely likely given he moved and was out of country? Does that mean the company has made good on their payment? No. they need to re-issue the check.

bpgui
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Re: Anything can be done about 'stale' check?

Postby bpgui » Wed Apr 04, 2012 12:09 pm

Contacting the company will be of no help here. The OP said they are out of business.

stannius
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Re: Anything can be done about 'stale' check?

Postby stannius » Wed Apr 04, 2012 2:28 pm

It seems the OP has edited the OP. (Where OP and OP stand for Original Poster and Original Post.) The company is out of business. One of the principals initially offered to make good on the company's obligation, probably out of his personal funds; but then it seems that when he learned the amount, he changed his mind. It is unlikely that the OP will be able to resolve this issue from another continent. It also seems unlikely (given the additional information that has been shared) that the account the check was drawn on is still active. And even if the debt were legally owed, it's pretty hard to collect from a business that is no longer in business; depending on how it was structured, it's theoretically possible that the company officers would be personally liable for the company's debts, but again that seems unlikely.

At this point the OP's only option seems to be to sell the debt to a debt collector at pennies on the dollar, and let them threaten the former company over the unenforceable and ethically debatable debt obligation.

DoingHomework
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Re: Anything can be done about 'stale' check?

Postby DoingHomework » Thu Apr 05, 2012 7:00 am

partgypsy1 wrote:I hope the poster does not listen to Doinghomework and contacts the company so a new check can be re-issued. What if he never received the check, which was extremely likely given he moved and was out of country? Does that mean the company has made good on their payment? No. they need to re-issue the check.


Whoa...I suggest he DOES contact the company and ask for a new check. I'm just saying that the company really has no obligation to give it to him.

If he never received the check then that would be different. In this case he admits he has and has already told the company.

partgypsy1
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Re: Anything can be done about 'stale' check?

Postby partgypsy1 » Thu Apr 05, 2012 7:05 am

Well re-reading the original post, how the original company closed up shop, closed it's books/accounts he may be out of luck. It's kind of like a company going bankrupt.
bummer for him. At this point, have to rely on the moral code of someone connected with original company honoring past debts. A lot of money to leave on the table.

stannius
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Re: Anything can be done about 'stale' check?

Postby stannius » Thu Apr 26, 2012 9:09 am


tazdollars
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Re: Anything can be done about 'stale' check?

Postby tazdollars » Mon Apr 30, 2012 9:26 am

DoingHomework wrote:
partgypsy1 wrote:I hope the poster does not listen to Doinghomework and contacts the company so a new check can be re-issued. What if he never received the check, which was extremely likely given he moved and was out of country? Does that mean the company has made good on their payment? No. they need to re-issue the check.


Whoa...I suggest he DOES contact the company and ask for a new check. I'm just saying that the company really has no obligation to give it to him.

If he never received the check then that would be different. In this case he admits he has and has already told the company.


Since the company got the service and never actually completed payment for that service, there are a number of equitable theories (e.g., unjust enrichment) that a judge could apply here to get the OP payment if the company hadn't gone out of business.

alex21
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Re: Anything can be done about 'stale' check?

Postby alex21 » Tue Nov 04, 2014 8:53 am

Hey guys,

It's me, the OP :)

Apparently accounts that are old or 'stale' :roll: if you will get deleted periodically.. I couldn't retrieve my old password or make a new account with the same username. I was able to signup with the same email address so hopefully you guys can believe its really me..

Sorry I didn't update.. is anyone curious what happened more than 2 years on?

I doubt anyone here can say they saw this one coming when I tell you...

partgypsy
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Re: Anything can be done about 'stale' check?

Postby partgypsy » Tue Nov 04, 2014 9:26 am

Are you going to leave us in suspense?

alex21
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Re: Anything can be done about 'stale' check?

Postby alex21 » Tue Nov 04, 2014 9:27 am

partgypsy wrote:Are you going to leave us in suspense?


You wouldn't believe me if I told ya.. Hitchcock couldn't make this stuff up..

bdg
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Re: Anything can be done about 'stale' check?

Postby bdg » Wed Nov 05, 2014 11:25 am

Ha... I reread a good portion of this thread! You can't leave it as "you won't believe it". Truly interested to hear now :)


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