Legal Question in Credit and Debt Law in California

stale checks

I was issued with 2 checks from a Lawyer in LA , I reside in the UK and was told by my UK bank that the checks would be could for 7 years. Because the Dollar was low against Sterling I held on to them hoping for a better exchange rate . Recently I decided to cash them and contacted the lawyer who issud them to me and told him. First he was defensive but now he has emailed to tell me that he has but a stop on them and wants me to return them and then he says that he will re-issue new ones. From is emails he is making me feel very nervous and I get the distinct impression that he doing his best to avoid paying them The amount in question is $65K. What can I do to safeguard myself.


Asked on 4/06/08, 10:25 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: stale checks

More than likely, the money remains in the attorney's client trust account. Therefore, he cannot touch it since it belongs to you, the client I would imagine.

Obviously, your decision to hold the checks did not give you the financial result you desired. Nevertheless, it is likely that the attorney's bank will not honor the ancient checks, so a reissue would be prudent.

You may review the attorney's credentials on the State Bar of California website, and use a search engine to see if there have been any complaints about him, to reassure you of his sincerity.

Make sure to put everything in writing, send the mail with a return receipt so that you have a record that the checks were received, and keep photocopies, etc.

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Answered on 4/06/08, 12:43 pm


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