Legal Question in Credit and Debt Law in Georgia

In late 2008 a client wrote me a check which as misplaced. On request, he issued a replacement which was deposited. The original check was subsequently found and I still have it in my possession. The same client now owes me $2,000.00 (more than the amount of the original check). Assuming the bank would accept it, would it be legal to deposit the original check now under these circumstances? Thank you.


Asked on 1/17/10, 10:18 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

It may or may not work (and won't if they had sense enough to stop payment), but you may be accused of fraud by telling them the original check was lost, then cashing both checks. Whether it is worth the risk for you and your business is up to you.

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Answered on 1/22/10, 11:41 am


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