Legal Question in Business Law in New York

Re: Loan agreement

Did they cash your check? If not, stop payment on it immediately. If so, show them proof of the cashed check and the agreement you sent with it. They were not supposed to deposit that check unless they agreed to the terms of the agreement and their cashing it is some proof of their acceptance of the terms. They must either honor the agreement and you insist on a written acknowledgment of that, or they must return your money ASAP.

Re: Loan agreement

What do you mean "the money is gone"? Where did it go?

Is this a bankruptcy situation in which the company is the debtor? If this is the case, you would need to file a proof of claim with the bankruptcy court in which the case is filed.

Did you keep a photocopy of the contract you signed? That would be ideal, but a cancelled check would work almost as well as proof.

Mr. Simon is right: if your check has not been cashed, stop payment on it immediately.

For what you wrote, the area of law you picked is indeed correct, it's just that you have left us with many questions.

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